Commercial unit lease - need to get out!

[Legal7319]

I have a commercial unit through a lease for 3 years and it's on a gated, secure estate. I moved in last year. Since my occupancy there have been many security breaches that have taken placed due to faulty gates and poor security overall. Numerous cars have been stolen, and damaged including one of my own last week that was stolen right in front of the unit. I also haven't received an electricity certificate and there is a trip hazard outside our front door.

We've withheld rent waiting for issues to be addressed, but the landlord, which is large company, is more concerned about keep their balance sheets in the positive.

Ultimately, I want to leave the premises. I'm happy to lose my £4K deposit because I can no longer trade in such an area and will lose more money staying on as I have expensive assets to keep within it which I lose sleep over in case they get stolen too.

The landlord says they are happy for me to leave if I repay the initial discounted rate that was given to me at the start which was a few months half price and clearing the arrears (1 month). They are also not concerned about addressing the complaints that I have and are willing to take court action to recover any lost rent. To repay the other half which they discounted will come to about £3K - money which I don't have.

Are they being reasonable, or do I have a defense (legally) to present to them?

[angeldiana]

Re: Commercial unit lease - need to get out!

Your landlord can take you to court if you break it. But depending on the circumstances, your landlord may be prepared to negotiate a compromise. There are two ways to get out of a lease prematurely – termination (a “surrender”) or transfer (an “assignment”). Your third option, although not a total escape, is sub-letting (an “underlease”).
If you do nothing the landlord may force a “forfeiture” of the lease, which is to be avoided.

[Legal7319]

Re: Commercial unit lease - need to get out!

The reason why we have to break it in the first place is because of the breach of contract from their side with regards to site security, but they're not willing to anything about it. If we go to court, wouldn't I have my own say in the matter too given the circumstances I am in? They have offered a compromise, but its a hefty financial one which is just as bad as staying on. I've even thought about dissolving the company.

[Crazy council]

Re: Commercial unit lease - need to get out!

Hi

Be carfull taking this path, the options layed out by the LL for ending the lease seem ballanced, and to challange end of lease fees you need to show a clear breach ( and thats just to argue ), the terms you explain, probebly would not consitute a breach. The legal fees and costs can be massive. see if the LL is willing to negoteate, but the better you explain your reasonjing to them, the more likely they are to bend a little your way,