Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Break-clause confusion with commercial lease

    I'd be very grateful if someone could take a look at these two pages from a commercial lease. I want to exit the property and was under the impression from the solicitor that I had 18-month break clauses. However, he has just informed me that the earliest I can exit is July 2010. According to his cover letter (attached to the lease) he states that I am free to leave at end of each 18-month period. I'm very confused. Where would I stand legally if I wanted to get out? I doubt I can afford the rent from Jan - July, so last resort is voluntary bankruptcy.

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    Default Re: Break-clause confusion with commercial lease

    Sorry the documents wont enlarge, I am sure if you could overcome this you will quickly get advice.

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.

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  3. #3
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    Default

    Ok I've got larger legible scans to view now.

    Bump.

    Thanks in advance for any advice and recommendations.

    http://i734.photobucket.com/albums/w...easepage14.jpg


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    Default Re: Break-clause confusion with commercial lease

    I have removed the second image as it contains personal dataicon could you repost it but with all personal dataicon removed from it ..... thanks

    Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

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  5. #5
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    Default Re: Break-clause confusion with commercial lease

    Difficult to be sure w/o the covering letter and as you've only posted part of the break clause but the break dates are 31 July 2008, 2010 and 2012 provided you comply with the preconditions, the main one being the giving of the requisite notice. You clearly can't now give notice in advance of 31 July 2008 so the next opportunity to determine by using that clause is July '10.
    What is the overall term of the lease?


  6. #6
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    Default Re: Break-clause confusion with commercial lease

    Ok I've blacked out the personal info parts of the Lease Cover Letter. It was verbally explained to me by the lawyer that the contract had 18 month break clauses and the letter implied this. Only now did the owner tell me that the 18 month break clause mentioned in the below letter was applicable only for the FIRST period of 18 months after the contract was signed - certainly not mentioned in the lease itself. Any references to the break clause were only present on the two attached pages. I've love to know if I have a case to exit the property as per the term within the cover letter below.

    http://i734.photobucket.com/albums/w...dletter1-1.jpg


  7. #7
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    Default Re: Break-clause confusion with commercial lease

    In all likelihood, no. But the clause in the lease is clear so did you not read the lease before signing it? Generally you are taken to have understood documents that you sign. The cover letter also advises you to read and advise if there are any errors.
    There is a slim possibility of a claim for rectification if you can show the break clause is a mistake and is not what was agreed. Not an easy claim at the best of times and you would need a solicitor to advise having seen all the papers.
    I very much doubt that you could show the landlord's solicitors owed you any duties so probably no claim against them.
    Did they misrepresent the terms? Possibly but again it comes back to you reading the actual lease before signing it.
    Sorry but I think you're on a hiding to nothing.



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