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Commercial Letting question ...


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Hi

 

Can find lots of info on Commercial Lease forfeiture when the tenant has not paid rent and the landlord ceases lease & kicks them out but what about when the property has been handed back & signed for and you still owe the rent ?

 

The lease(ended back in 2000) then changed to rental was in fathers name, he has now died and the son has closed the company down and ceased trading.

 

The landlord insisted on office space being decorated etc which it has now been and all now passed back over to them.

 

We have already told them that we are checking into liablility and they've been very nice about it, but we are desperate to find out whether the son is liable to pay the rent and what lengths they will go to get it (it's less than £2000) or whether we can stick to our guns and say they have to go after father's estate, which essentially has nothing in it.

 

Any advice very gladly recieved :-)

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Hi Kew63,

 

based on the very limited information you give I would say that no liability falls to the son (or for that matter to the executor of the estate). That being said given the sum is under £2000 I would be inclined to request written reasons from the Landlord why in the circumstances they believe any sums fall to be met by the son or the estate.

 

I would be very reluctant to divulge, at this stage, the name of the solicitors handling the estate, but be very careful to make sure that you inform the landlord that you will pass on any information to the solicitor concerned and further advise the landlord that any costs unjustly incurred in pursuit of resolving this matter may fall to him/her.

 

From my experience it can be very costly to connect and engage solicitors

in an 'estate' situation.

 

As stated above it is difficult, if not impossible, to give a clearer and more definitive answer to your main question based on the information you provided.

 

In the event that the landlord's interests are represented by a solicitor I would still adopt the same policy of requesting that any correspondence in the matter be forwarded to the son and he will forward where necessary.

 

No pain no gain

Edited by no pain no gain
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Hi all,

 

as some of you will know my foot is out of plaster as of today so back to the day job as of tomorrow. Will not have much time to spend Cagging. Will log in every few days. If you need my help PM me.

 

Best of luck,

 

No pain no gain

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