I have a problem "landlord"

The lease is a 3 year lease with no break clauses

The"Landlord" who showed us the property and prepared the lease is not the landlord and in fact an "agent"

The "Agent" has signed the lease as the landlord and not on behalf or any words to that effect

I have checked the land registry and indeed the landlord is somebody else who lives in another country.

He recently took us to the small claims court and lost - the claim was struck out due to the poor setting out of the claim.

I feel he will try and take us to court again.

He claimed that we owed him 10 k for refurbishment of the premises- this however is not written into the lease

we got 3 months free rental period - this equated to £1200

we have spent around 2k renovating the premises and feel this is more than needed.

We ideally wish to leave the lease early and feel the lease is unenforceable due to the "landlord" mis representing himself.

Any ideas as to the best course of action.

Thank you

A commercial Lease is not an AST but it commits you to a min term. It should explain procedure for early release & pot cost.

If your talking about a non-residential Lease, it is normal for Lessee to pay for improvements to building, subject to restrictive Covenants.

As stated I have already improved the premises, the lease does not state what improvements are required therefore surely if the property is returned in a better condition then when it was first leased then that is acceptable?

does it say that it is a full repairing lease? You then have to determine whether that meand maintaining it as it is or making and keeping it in a lettable condition.

as for agent misrepresenting, well they can sign things if the LL has given them permission to act in all matters BUT if the agent takes you to court they will have to show that they have the authority to do so (locus standi) that will mean a written agreement will the necessary permissions. When you said HE took us to court you didnt make it clear who that was, LL or agent. Same with demand for £10k repairs. Stick to clear differentiations and people will understand better who is doing what

AS for surrendering the lease, the LL probably wont allow it. Ask about assigning it to someone else

Sorry yes it was the "agent" who took us to court.

I have made offers for re asigning the lease but this was refused.

All communications are conducted by email to the " agent" and as such the standard reply I get is always "the lessers rights are expressly reserved", he refuses to communicate with me.

So, if they take you to court again you make them show that they have the right to do so (locus standi) this wasnt an issue last time so they may well not be on their guard when it is the first thing you raise in any defence.

Where is the agent based? do they do this professionally or are they just someone who is "doing it as a service to a friend" type business.

As it stands I would be just carrying on as you are and let them make the moves and have them if they do try something on.

I would also avoid email and use the letter post. it makes people think about what they say and take letters more seriously than email.