Advice on commercial lease and rent owed

Discussion in 'Legal' started by EmmaSL, Mar 17, 2019 at 12:06 PM.

  1. EmmaSL

    EmmaSL UKBF Newcomer Free Member

    2 0
    My retail lease expired June 2017 after 5 years. My lease states rent is payable on quarterly basis but from the start I was paying monthly as I found this easier and that was ok with landlord.
    I had no communication from landlord about renewing so I wrote to him saying I like to stay on a monthly basis as I wasn't sure what would happen to the business as I was struggling. No reply but I stayed and kept paying on a monthly basis. No problems.

    In January 2018 I gave notice saying I was moving out end March.
    He then replied saying I had to give quarterly notice counting from end of current quarter so payable until June 2018. I made it clear I didn't agree with this at all it was way too long (he should be happy I stayed on as no one else wanted to take it on and still no one in there). I moved out and I heard nothing back.

    I had hoped I could keep running the company online only but I was to much in debt and shortly after this my company was liquidated.
    I believed that any debts to my landlord was no over but I still hadn't heard from him so assumed all was ok.

    Then in February this year I get a letter saying I owe him £3400. No statement or anything but saying lease was in my name so didn't help my company was liquidated as I personally owed him. This is a year after I moved out and had heard nothing at all.
    The big question is he right about the notice period? Also with the lease in my name can he come after me even though there is no more company.

    On top of this he is saying if I don't pay ASAP he will also bill me for water and gas for the full 5 years. This is mentioned in the contract but he never invoiced me for this. I did ask and he said he needed a way of figuring out how much gas I used as I shared usage with 4 flats on top floor. Can he really do this after the lease is up and a year after I moved out?

    Can he take this further and what can he do as I have no money. I owe the bank for a personal guarantee on a loan as well.
    Some advice would be very much appreciated.
    many thanks.
    Posted: Mar 17, 2019 at 12:06 PM By: EmmaSL Member since: Jul 13, 2018