Landlord Taking Their Time

[locutus]

I'm selling my business, and have a buyer lined up. We've been waiting a solid 6 weeks for the landlord to tell us whether or not they will agree to the lease being transferred. The lawyers on both sides have been chasing every week now, but not getting a response back from the landlord.

Do you have any suggestions?

Thank you.

 

[obscure]

What does your lease say about transfer of lease and any time-frames related to it?

 

[locutus]

The lease doesn't say anything about time frames. Last week, their solicitors finally acknowledged our e-mails, but it wasn't anything helpful. Just that that they will contact the LL and get back to us! That's been a week now. What have they been doing previously I ask...

 

[Blaby Loyal]

There is nothing you can do other than to get someone to actually call them (or their solicitors) and find out if there is an underlying problem.

 

[Lisa Thomas]

Have you tried phoning them yourself?

 

[Blaby Loyal]

I don't have their number.

 

[KM-Tiger]

A lot of solicitors are notorious for their glacial response times.

Do you know the names of the actual solicitors on your side or theirs? It can sometimes be helpful to speak to the PA/Secretary of a solicitor.

 

[deniser]

The lease will usually require them not to withhold consent unreasonably.

A tactful reminder from your solicitors to theirs that the length of time they are taking to reply may constitute unreasonably withholding consent should chivvy them along a bit.

There will come a point when you and your solicitor might be able to take a view and go ahead without the consent - not something a tenant/assignee wants to do unless absolutely necessary - but if you are at risk of losing the buyer, then something you might be forced to do. If the landlord has taken an unreasonable length of time and you lose the buyer you may also have a claim for damages.

You will put yourself in a stronger position if you have supplied all the documentation that the landlord could possibly ask for including three years accounts, references etc. and if the buyer is in a strong financial position.

 

[locutus]

I do have the LL's solicitor's contact details. I wasn't sure if it was appropriate to phone them or not in this situation.

 

[Lisa Thomas]

Call the landlord yourself and skip the middle man. You will probably get your answer within 2 minutes.

 

[deniser]

I do have the LL's solicitor's contact details. I wasn't sure if it was appropriate to phone them or not in this situation.

If you have solicitors acting for you then they won't speak to you directly - they are not allowed to. Better to find the actual landlord's contact details or his agents and speak to them.

 

[MandaBarnes]

I'm selling my business, and have a buyer lined up. We've been waiting a solid 6 weeks for the landlord to tell us whether or not they will agree to the lease being transferred. The lawyers on both sides have been chasing every week now, but not getting a response back from the landlord.

Do you have any suggestions?

Thank you.

I agree with the above... Skip trying to go through someone else and simply contact them directly. Make sure you've done the appropriate research and have all the documentation you need, then approach them in a straightforward and professional manner, letting them know that you'd like to make it as quick and painless as possible for all involved. And, of course, be extra gracious! I'm always sure to thank them for their assistance before they even offer it in such situations.

 

[locutus]

After more prodding from our end, their lawyers have actually started replying promptly to us today. We now have to go back to the agents to organise everything. It's all very confusing, but we have made some progress today.

 

[MandaBarnes]

After more prodding from our end, their lawyers have actually started replying promptly to us today. We now have to go back to the agents to organise everything. It's all very confusing, but we have made some progress today.

Good luck! I certainly hope things turn out in your favor. Business matters like that can be very tricky. I hope it all works out for the best for you!

 

[locutus]

I just got off the phone with the solicitor, and apparently the LL had no idea I was trying to sell the business. So it's got lost in translation from the agents.

To be honest, as a layman it's come across as really sloppy this process, not from my solicitor, or the buyer, but from the LL's agents and solicitors.