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Need urgent advise in a troublesome commercial tenancy

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  • #16
    Re: Need urgent advise in a troublesome commercial tenancy

    It's difficult to give you any further comments on the above because you already have a lawyer in place and you should be discussing your options otherwise you might just get conflicting information. As I have said before your lawyer is in the best position to assist you because of all the paperwork - we don't have anything, nor would it be appropriate to give any comments that undermine your lawyer's advice (unless its drastically wrong).

    I just still don't understand that if you have problems with the current building why on earth are you continuing to go ahead and renew the lease? Your saying you can't walk away from it but if you don't walk away then you are putting yourself in a much worse off position than you could potentially be in, but that's my view and I am not a businessman nor can I really comment on your current position but it does seem logical not to carry on at those premises.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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    • #17
      Re: Need urgent advise in a troublesome commercial tenancy

      a lease last 15 years to 21yrs, new lease often shorter 3, 5 or only 10 yrs max. Not like residential lease where you can and you must extend lease before it falls under 63 yrs, meaning it will cost more and reduce your property value a lot.

      In commercial lease only when lease runs out, then LL and tenant will enter a lease renewal process. there is a time frame to do that, After that tenant is in trouble because some definition thing like "...in lieu" there is no more protection from one month to next LL could dissolve your contract without further notice.

      My commercial lease run out in 4/2017, hence last year in Summer I have already asked about lease renewal, LL explained "Too early".

      Lawyer started acting and process of lease negotiation and renewal is going ahead since February. So 4/2017 lease runs out. with the option to be renewal and the time frame is set " In NoV 2017, both sides must reach an agreement.",

      As now-a-days commercial property is often not in a man/womans hand but manage by company, they have departments, my complaint, my problem with the roof issue goes to one department (building management), but the lease renewal has no stop and still pressed ahead by an other administration department

      Plan to extend business I had since last year before Brexit, I knew It will went badly, we have to act, business model must be extend and for coping with the worsen economy impact, continuously sinking number of client compared to what we had before the banking crisis, before EU immigrant issue. We must act. Sit there to expect 2019 economy will head up, is too optimistic, and "2021 economy will turn well, we are prosperous again" we knew that was all lies.

      It is not like you rent residential property when you are happy you can return keys, take your belonging and deposit and walk; find a better suitable property.

      That is not so in business, Here lay our capital, not that we pay rent Month/Quartal, before being in business we already spend our money to buy lease, put down capital to start out business, capital in machinery, investment in build up client circle if drop the lease and turn our back we lose all of that

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      • #18
        Re: Need urgent advise in a troublesome commercial tenancy

        Originally posted by R0b View Post
        It's difficult to give you any further comments on the above because you already have a lawyer in place and you should be discussing your options otherwise you might just get conflicting information. As I have said before your lawyer is in the best position to assist you because of all the paperwork - we don't have anything, nor would it be appropriate to give any comments that undermine your lawyer's advice (unless its drastically wrong).
        Thank you [MENTION=23709]rob[/MENTION], I did talk to my lawyer already. But I also very much appreciate to hear your advice or those from your colleagues on LegalBeagles who are more experienced how to deal with Legality, with emergencies, disastrous situations etc

        I appreciate to have your advice not for contradicting my lawyer advise or demise his authority; but to use as additional or alternative idea what might be other options we could have in this situation, apart from giving in or going for a total confrontation

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        • #19
          Re: Need urgent advise in a troublesome commercial tenancy

          My lawyer just come back to me today, and the news is bad

          - No to "Due to roof damage a 6 months rent free so we could have time to pursuing our trading modification plan to cope with the rate + rent increase".
          - No to "Could LL take out the delay time of discover roof damage until roof is repair so we do not have to sign the new lease while our business is suffering"

          Basically only NOs. He will write everything in an email later, basically it look bad, the administration department want to purse ahead or November is dead-line.

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          • #20
            Re: Need urgent advise in a troublesome commercial tenancy

            I try to stay calm to be friendly but they the LandLord is not. Could I PM their reply letter to you [MENTION=23709]rob[/MENTION]? If you need info and data I scan and send my lease to you There is no more expert on commercial lease in this forum [MENTION=23709]rob[/MENTION]?

            It is very serious now. my lawyer says they blame and put us in the situation to sign the lease first or we have not anything to talk to them. I have asked him today if there is a litigation dep. in his firm because I think I seriously need consultation

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            • #21
              Re: Need urgent advise in a troublesome commercial tenancy

              I was surprised to see the face of Mr. Chuka Umunna as a current Lambeth MP, I remember he was shadow business secretary not long ago, quite important figure in finance and business, in talk show and television about business and finance issue.

              Problem like i have do you think I could ask him for a meeting, Can I bring some people business owner in my neighborhood,, older respectable resident who support me, who thinks no one in the right mind would sign lease in this current state, who thinks that the landlord is also partly guilty in the roof damage, in the sale of a sub-divided shop,

              Do you think it may be good to see him to show Mr Umunna the problem I have, asking if I could get help?

              Further thought:
              Mr Umunna may be competent in business and finance, but he is a bit further from Stockwell area, he stands for Streathham. How is the common rule to seeking a meeting with your MP, you have to talk to the nearest MP available? In that case Kate Hoey would be my nearest around Vauxhall? But would she understand problem in business, lease, etc
              Last edited by distress; 22nd July 2017, 11:09:AM.

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              • #22
                Re: Need urgent advise in a troublesome commercial tenancy

                I am not British original. Could someone pls help me prepare a letter so I can send the writing to Mr @Umunna or MP Kate @Hoey asking for a meeting?

                Reading about Mr Umunna background particular about his parent, I am inclined more to show him the problem I have with my land lord regarding law -they sold me that good which breached of lease-fire damaged- ignore on repair now they blamed on me why did I not pursue at that time- lie about ownership etc) /lease/damage/too high rent/affect trading or not I think Mr Umunna would be more the person who would understand

                If someone like him Mr. @Umunna still does not understand my issue "Why just don't sign the lease and get over it", I can find a rob and hang myself then
                Last edited by distress; 27th July 2017, 08:31:AM. Reason: spellcheck

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                • #23
                  Re: Need urgent advise in a troublesome commercial tenancy

                  Sorry,
                  Last edited by distress; 22nd July 2017, 14:02:PM. Reason: double-posted

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                  • #24
                    Re: Need urgent advise in a troublesome commercial tenancy

                    The rules of seeing writing to am MP are laid out. You need to write to the MP that represents your constituency

                    Comment


                    • #25
                      Re: Need urgent advise in a troublesome commercial tenancy

                      You are right, I can find laid-out general rule
                      "
                      General tips

                      • MPs are very busy. ...
                      • Cultivate a relationship with an MP's staff. ...
                      • Be polite and courteous. ...
                      • Do write down any specific comments made by your MP.
                      • If your MP is keen to work more closely with ORG, please let us know!
                      • Remember to include your full name and address. ...
                      • Write in your own words. ...
                      • Keep it short."


                      But it is my problem keeping it short. It is not just "Help, no driving license and I lose my job" that is so much tangled land lord with their sale and now blame on me I should have called in proper check at purchase of lease, blame on me the breach of lease before I found out problem with the fire damage on roof, blame that the previous lawyer not practice any more, the choke hold of tangled financial issues: Property price rise parallel with a griping austerity, VOA , business rate up 30%, 40%, in same year with material cost, rent level rise 40% and ... walk away or I don't know the exact definition, enter a voluntary bankruptcy scheme is no option

                      Even to find a appropriated lawyer to discuss the problem, price is set £500 plus VAT for the one first meeting... can you see the the choke hold

                      That is why I ask

                      Comment


                      • #26
                        Re: Need urgent advise in a troublesome commercial tenancy

                        And yes I already thought of No Win No Fee lawyer but read also many comments on who were so ineffective, but charged hopelessly horrendous amount when you realized the truth and decided to stop using their service that you wish you were never born in this life

                        Comment


                        • #27
                          Re: Need urgent advise in a troublesome commercial tenancy

                          structure engineer came over a week ago and report has completed, Yesterday I sat on my phone and coincidentally made a call the property building manager during the meeting about my place.... (LOL.) I did express in early e-mail to company that I like to have for my side a full report too, so in perplex the manager told me the company is in discussion with their general manager... so wait

                          The stand is LL administration dept thinks the issue does not affect my trading at all, so no discussion, so time is running out on my refuse to continue meeting on new lease sign.

                          Today associated roof contractor will come hopefully thing could find a positive light on solution soon

                          Comment

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