Rented office- Dispute over internal theft and service charge and rent arrears

[nicknock]

Hi

My company rented an office last year with the lease ending in January 2018. I had officially given a months notice that we didn't want to continue with the lease after that point.

The landlord came back and said I had to give three months, and agreed that we could pay half rent for the those three months. At the time, I didn't argue it and couldn't find much in the way of solid legal advice so agreed to pay half rent for three months. Was this actually correct from a legal point of view? Even though I gave a months notice and the lease had ran out?

Secondly, during the three months we experienced two thefts. The landlord is refusing to acknowledge the thefts and is basically now threatening to charge me full rent for the period, plus another quarter because I didn't hand the keys back immediately. Basically bribing me, if I don't pay up and be quiet he will increase whats owed.

Now I'm not a legal expert but I'm presuming he can't go back on an offer he made in writing? Also, does he have a responsibility to investigate the thefts? The office was locked both times and one of the times we came in to the internal fire escape being open. There's only myself and the other Director who had a key, and of course the management company, so it's an internal problem. To clarify, it's a large office building with multiple offices and there is a management team that look after it for the landlord.

Thanks

[Peridot]

Hi Nicknock,

Just to clarify did your business lease the whole premises or were there other businesses in the offices of the building?

Was the office leased or covered by a licence? The queries you've raised should be contained within the lease or licence document. Particularly with regard to notice periods, rent due and also responsibility for items left on site when the break-ins occurred.

There may also be reporting conditions also contained in the documentation. I assume that the management company were contacted following the events. If this was an internal fire escape could it have been someone contracted by them for example a cleaning company?

As ever more questions that answers at this point, but we may be able to point you in the right direction with a little more information.

[nicknock]

Hi

Thanks for your response.

There are other businesses in the same building.

I will have to try and dig out the lease. I did contact the management company on both occasions but they have ignored any mention of theft even though they have responded about other points. Even if the lease says they take no responsibility, what's the actual law on it? And I was under the impression that you don't actually have to give more than months notice if the lease is up?

Thanks

[Peridot]

Hi again,

If this is a business lease then three months notice would be required to terminate the lease. From your original post can you confirm that you gave notice in December 2017 (a month before the lease ended)? The usual notice requirements of s27 would be required.
Here is the s27 Landlord and Tenant Act 1954 link:- http://www.legislation.gov.uk/ukpga/.../56/section/27
If a s27 notice had been given prior to the end of the lease in January 2018 then s24 (a continuation tenancy) would not apply. In either case three months notice is required.

In any event you'll need the lease to see what the responsibilities for reporting and security are. Who was responsible for insurance and over which aspects, buildings, content etc. Where the police involved?

[nicknock]

OK thats fine thanks, we'll just have to suck that one up.

In terms of the thefts, we pay buildings insurance of £555 per annum. We didn't get the police involved, we reported it to the landlord presuming he would advise on the process and next steps but we keep being ignored.

[Peridot]

Do check your lease and/or management company terms & conditions. I'm not sure how interested the police would be this long after the event I'm afraid but if you can find something about reporting incidents to landlord/managing agents then you could hit back if they've done nothing with the 'report'.
Were any of the other businesses affected?

[nicknock]

I'm not sure if any others in the building have been affected, I haven't heard anything.

No we didn't report it to the police at the time, knowing they wouldn't do anything!. I know other businesses in the area have had theft and the police don't care! I will check our lease thank you.