solicitor negligence - commercial lease

[Tgibb]

My solicitor undertook the work on my commercial lease last year. The break clause dates on the heads of terms and all the way through was 18 months but it has just come to light that the handwritten break dates written on my lease presumably by my solicitor on or after i signed was put in as 12 months. They have now told me i cannot exit for another 4 years although if the mistake was not made i would have had another 4 weeks to issue notice. I have made a complaint through their procedure process but should i contact my landlord to see if he will still honour the original break date? thank you any suggestions appreciated.

[Crazy council]

Re: solicitor negligence - commercial lease

do you have the corresponding part of the lease, Are there other items tied in with the building lease ( machines with service contracts etc ).

Commercial leases can be a massive nightmare to navigate, and they are made costlier to deal with by solicitors, but there still not allowed to hoodwink you. But, there can be other items tied into the lease, that have ti be taken account for.

And yes, probably worth contacting the LL directly.

[wales01man]

Re: solicitor negligence - commercial lease

Anything on the lease that's altered surely would be known and agreed by both parties and both solicitors the landlords copy should be exactly the same as yours.
The Landlord is the first port of call is this a pub lease?

[Tgibb]

Re: solicitor negligence - commercial lease

Its a shop lease, I have a letter from my solicitor which talks about their role and states that the lease was agreed to grant me break clauses at 18 months, 5 years and 8 years. I was at one point sent a copy of the lease but the section on break clauses was blank on this copy as I am assuming that they couldn't fill it in until the completion date was known so the dates would run to the exact date. I had no reason to think that they would just change the break clause to 12 months and have never knew there was a problem until I went to use the break clause. My solicitor has therefore told me I have missed it but I never agreed or was made aware that the break clause was changed to 12 months. I can only think this is an admin error by my solicitor. I asked them for help with writing my notice letter as I know break clauses can be a nightmare so its really important that its wrote correctly and on time etc but they are not willing to even send a letter to the landlord asking as they say whats it the lease is law binding!

[wales01man]

Re: solicitor negligence - commercial lease

If the lease is legally binding you need to consult the landlord if the Solicitor will not you must

[Crazy council]

Re: solicitor negligence - commercial lease

The break clauses,

is there anything else tied in, this tends to be an important question when dealing with lease ends or break periods

I agree about your questions to youer solicitor, if you thought it was 18 months, and it says it on paper, your solicitor at the time would be responsible for ensuring you fully understand any changes to standard terms agreed.

[Tgibb]

Re: solicitor negligence - commercial lease

There is nothing else tied into the break clause we were just required to give notice 6 months before the date which should of been 18 months. As the date was put in as 12 months by mistake its now too late to give the 6 months notice. It was ever agreed to be 12 months by any party its just an error by one sides solicitor but one the landlord will be quite happy with as it now keeps me tied in any paying rent for another 4 years. I think my solicitor should never have allowed this to go through with the wrong date surely it is their job to make sure the terms in the lease are the same as what was agreed.