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After running into financial difficulty myself and my partner decided to assign our commercial lease to a new Tennant to ride out the rest of our 5yr tenancy (3yrs remaining)
After finding suitable prospective tenants we wrote to the landlord asking for consent to assign. We had previously contacted the landlord on numerous occasions confirming this would be a likely course of action due to our financial difficulty and failure of the business.
The landlord initially ignored my request for around a week, then answered with 'we won't consider this until you pay your outstanding arrears on the flat above the commercial property' the flat is a totally separate lease taken out at a later date!
Anyway, 4weeks down the line from the initial request to assign they still haven't given consent. They're ignoring emails from myself and the prospective tenant, ignoring requests to meet up in person to receive the references and bank statements required etc.
The prospective tenant has asked the landlord for a long term lease on the property instead of an assignment so that this directly benefits the landlord and it doesn't leave me tied in for the remainder (I offered to pay the cost of any administration fees )..the landlord eventually replied but said I would still be required to pay a lump sum of the remaining 3 years rent to terminate my tenancy despite the new tenant being my replacement and taking out a lease of double the duration...
I'm at my wits end, the landlord is being rude and ignoring the prospective tenant which I fear will sabotage the sale of my business and transfer of lease, he's dragging out the process for no good reason, he has entered the flat we are renting twice without any consent.
I fear we may lose the buyer/assignee because of the ignorance and unnecessary delays.
The landlord knows I'm losing money daily as the shop is now closed due to my financial loss.
My commercial lease is silent on any terms for an assignee/assigneessignment , does this mean I can assign the lease without consent of my landlord regardless of him purposely being difficult?
After finding suitable prospective tenants we wrote to the landlord asking for consent to assign. We had previously contacted the landlord on numerous occasions confirming this would be a likely course of action due to our financial difficulty and failure of the business.
The landlord initially ignored my request for around a week, then answered with 'we won't consider this until you pay your outstanding arrears on the flat above the commercial property' the flat is a totally separate lease taken out at a later date!
Anyway, 4weeks down the line from the initial request to assign they still haven't given consent. They're ignoring emails from myself and the prospective tenant, ignoring requests to meet up in person to receive the references and bank statements required etc.
The prospective tenant has asked the landlord for a long term lease on the property instead of an assignment so that this directly benefits the landlord and it doesn't leave me tied in for the remainder (I offered to pay the cost of any administration fees )..the landlord eventually replied but said I would still be required to pay a lump sum of the remaining 3 years rent to terminate my tenancy despite the new tenant being my replacement and taking out a lease of double the duration...
I'm at my wits end, the landlord is being rude and ignoring the prospective tenant which I fear will sabotage the sale of my business and transfer of lease, he's dragging out the process for no good reason, he has entered the flat we are renting twice without any consent.
I fear we may lose the buyer/assignee because of the ignorance and unnecessary delays.
The landlord knows I'm losing money daily as the shop is now closed due to my financial loss.
My commercial lease is silent on any terms for an assignee/assigneessignment , does this mean I can assign the lease without consent of my landlord regardless of him purposely being difficult?
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