- Original Poster
- #1
We have 2 years left to run on a 5 year lease. Last year we put the property up for let with a view to either assignment or surrender and new lease.
The business itself has ended as one of the partners has had a long term illness and it was no longer viable.
In August, we finally found someone who wanted to take on the remainder of the lease....with 3 months free as an incentive. He also wanted to move in by 1st September
Initially the landlord was happy with a basic assignment, then 1 1/2 weeks later he changed his mind and demanded that:
1. We pay all his legal fees up front (£1400) which we promptly did
2. The new tenant pays a deposit and takes on a new lease - which he agreed to
3. He will allow surrender of our lease once everything was signed.
This all took a week or so...and meant that the new tenant would not be able to move in until 1st October
The lease was drawn up and a demand for the 3 months rent was paid by cheque.
Both ourselves and the new tenant signed our relevant documents on 1st October and we were then merely (we thought) waiting for the landlord to complete his end of the transaction.
He went on holiday and despite being available by email and phone, started to ignore and be evasive to our agent.
He has now returned, causing a further 2 week delay and has placed an objection to some photos of the property that the new tenant wishes to include in the lease to indicate the condition of the premises.
Our landlord is not happy with this and wants them removed. Clearly the tenant wants this for his protection and the landlord does not. There are a few things we can do to help the process as there are a couple of pictures that include some overgrowth and rubbish near our unit that we will dispose of (not ours actually) in the hope that the remaining photos prove acceptable by the landlord.
At this rate we are now looking at 1st Nov at best for completion, if it happens at all.
We would like some advice about 'reasonable delay' and the landlords obligations here.
He has already agreed to allow the tenant to take the property
He has changed his mind and come up with objections but only after considerable 'delay' in informing us.
We are concerned that the landlord may be holding off so that he in effect ends up with a full 2 year lease, which extends the original lease by several months due to his delay. It already appears so, as the longer it drags on, the more we have to pay for the current rent and yet will still be expected to pay the 3 months free for the new tenanat.
My main question is, are we in a position to put any legal pressure on the landlord regarding unreasonable delay?
The business itself has ended as one of the partners has had a long term illness and it was no longer viable.
In August, we finally found someone who wanted to take on the remainder of the lease....with 3 months free as an incentive. He also wanted to move in by 1st September
Initially the landlord was happy with a basic assignment, then 1 1/2 weeks later he changed his mind and demanded that:
1. We pay all his legal fees up front (£1400) which we promptly did
2. The new tenant pays a deposit and takes on a new lease - which he agreed to
3. He will allow surrender of our lease once everything was signed.
This all took a week or so...and meant that the new tenant would not be able to move in until 1st October
The lease was drawn up and a demand for the 3 months rent was paid by cheque.
Both ourselves and the new tenant signed our relevant documents on 1st October and we were then merely (we thought) waiting for the landlord to complete his end of the transaction.
He went on holiday and despite being available by email and phone, started to ignore and be evasive to our agent.
He has now returned, causing a further 2 week delay and has placed an objection to some photos of the property that the new tenant wishes to include in the lease to indicate the condition of the premises.
Our landlord is not happy with this and wants them removed. Clearly the tenant wants this for his protection and the landlord does not. There are a few things we can do to help the process as there are a couple of pictures that include some overgrowth and rubbish near our unit that we will dispose of (not ours actually) in the hope that the remaining photos prove acceptable by the landlord.
At this rate we are now looking at 1st Nov at best for completion, if it happens at all.
We would like some advice about 'reasonable delay' and the landlords obligations here.
He has already agreed to allow the tenant to take the property
He has changed his mind and come up with objections but only after considerable 'delay' in informing us.
We are concerned that the landlord may be holding off so that he in effect ends up with a full 2 year lease, which extends the original lease by several months due to his delay. It already appears so, as the longer it drags on, the more we have to pay for the current rent and yet will still be expected to pay the 3 months free for the new tenanat.
My main question is, are we in a position to put any legal pressure on the landlord regarding unreasonable delay?
