Commercial lease break clause invalidated.

[ItsInTheMind]

Hi,
Could someone help me with this situation, please? I gave 12 months' advanced notice (a few emails and verbally) to the landlord's agent to activate my 5th-year break clause. At the same time, A James was going to take over the lease once I leave and was in discussion with the agent. A lot of communications and me chasing the agents for over 6 Months. The result was the agent and James failed to agree. During this time, no invoice for rent was sent to me and 3 weeks before my break clause was to end, a new agent told me it's been invalidated because I have not paid the final quarter of rent plus 3 years of insurance premium. I did receive any of these invoices. Do I have a chance if this goes to court because we can't seem to find a compromise at the moment? I have an exemplary record in rent payments, no CCJ, and excellent credit ratings.
Thank you. My name is Po

 

[kulture]

Go see a solicitor. Go now. Time is of the essence. No-one here can help you. We would need to see the whole lease and it’s exact wording.

A good commercial solicitor, armed with the full lease, your full payment history and all communication MIGHT be able to help you break the lease.

I certainly would not take the agent’s word for it being to late to implement the break: it might be, or it may be that there are a few days left to fix the problem.

The very last thing that you need to hear on Friday 1st is that if you had done xxx on Thursday 30th you would be fine.

 

[WaveJumper]

The devil as always with these things is in the detail so many things sound like they have gone wrong here and I second @kulture advice you need to seek help from a commercial solicitor asap if not already done so.

 

[Michael Loveridge]

Break clauses are notorious for technical traps, and many tenants have been caught out by failing to follow the correct procedure when giving the notice.

The correct procedure will be set out in the lease, so make sure you read it thoroughly and understand it.

Generally, a break clause can only be exercised if the tenant has complied with all the lease covenants, so if you hadn't paid the insurance premiums that could well invalidate the notice. You say you didn't receive the insurance invoices, but if the landlord can prove they were sent to you it's an uphill struggle to convince a court that you never received them - they might believe one, but for three to go missing sounds extremely unlikely.

As others have said, you need competent legal advice as a matter of urgency.

 

[ItsInTheMind]

Thank you all for your suggestions.
Regarding solicitors, None would give advice unless I open a case with them and submit all evidence. At my current stage, I just wanted to know about the legality of invoicing. Google hasn't helped much but I do believe quarterly rent doesn't need invoicing legally but insurance, according to the lease, says 'on demand'. Seriously, they have NOT invoiced for 3 years. I've requested information from their account department but they refuse to reply. I have asked another agent yesterday and he is looking at it.
Apparently, I have now discovered the landlord's agency company MAG had a high staff turnover and legal issues themselves. The new company who inherited the tasks informed me of the total mess. That explains why my multiple requests were not dealt with and no invoicing and refusal to reply to a simple question, please provide proof that you have issued invoicing for insurance and the last quarter of rent?
Po

 

[Chris Ashdown]

So why have you not opened a case with them, They dont work for free

 

[ItsInTheMind]

So why have you not opened a case with them, They dont work for free

Trying to get a feel of the agent's intention first and do more research. The new agent also trying to avoid a lawsuit and appears to be compromising. It's looking better than a few weeks ago. I will have to engage a lawyer if we can't agree on terms. Thanks.

 

[WaveJumper]

Well the days are rolling by and you seem no further forward, the advice was clear get legal advice asap as above this does not come free, do you think the issues are going to go away.

 

[WaveJumper]

Trying to get a feel of the agent's intention first and do more research. The new agent also trying to avoid a lawsuit and appears to be compromising. It's looking better than a few weeks ago. I will have to engage a lawyer if we can't agree on terms. Thanks.

You should engage a lawyer and an agent I am sorry to be blunt but you don't know what your doing