Not leaving the premises after the lease expires

[ElliottG]

Hi

Our un-protected shop lease expires on the 13th of December. Due to delays getting trades in to do the dilapidation work, the dilapidations will not be complete until 2 days after the lease expires. The landlord is requesting the keys back on the day of the lease expires and will not let us complete the work. Do we have to give the keys back on the date of the lease expires or can we stay and complete the work? (only 2 days extra)

Also should the landlord inspect the premises with us when we hand the keys back? They are saying they don't have to inspect the premises.

Thanks in advance

Elliot

 

[WaveJumper]

If you have spoken direct with the landlord and explained the situation and not been able negotiate an extra couple of days then they have every right to have the keys back. I would suggest you get your contractors working 24/7 to get it done.

I would be very surprised if the landlord did not inspect the unit in some shape or form, did you keep detailed photographic evidence of the unit before you took position and did you have copies of this attached to the lease.

I would also not be surprised if the landlord has not got a Christmas temp lined up.

 

[fisicx]

Delays in getting tradesmen isn’t the concern of the landlord. They expect the keys on the 13th, any work not completed will no doubt result in extra costs to you.

Talk to your landlord and negotiate.

 

[Paul Norman]

Technically, the Landlord is entitled to the keys back on the day the lease runs out. Equally, technically, as the repairs won't be completed on that date they can charge you for dilapidations in accordance with the terms of the lease.

And time is fast running out.

The only solution is to engage the Landlord in a conversation and negotiate a solution. Hopefully, they will allow you to complete the work. They would seem to be the most pragmatic thing. But Landlords are not always entirely pragmatic.

And, of course, if they have a new tenant parked by the kerb waiting to go in, and they can't get in, that will create an additional challenge.

 

[Financial-Modeller]

Fully agree with earlier responses.

An optimist might suggest that the landlord wants keys back and doesn't care about condition because they plan to redevelop / change use etc, but that cannot be assumed.

Without a better understanding of the landlord's position, I expect those two days will become very costly one way or another.

 

[Michael Loveridge]

Our un-protected shop lease expires on the 13th of December.

By unprotected, do you mean that you agreed at the outset that you would waive the protection of the Landlord and Tenant Act 1954? If so, are you sure that the necessary formalities were observed?

If that's not the case, so that you are protected, then you don't have to vacate at the end of the lease. Although it seems that you want to do so anyway it might make more sense financially to stay put and finish the dilapidations work than to leave and let the landlord employ his own (no doubt very expensive) contractors to do the work. Or more realistically you could use your right to remain in occupation as a bargaining chip to allow you to get the works completed.