surrender of lease
Hi everyone,
I signed a 15 year lease which had a break clause every five years for me to surrender the lease. I exercised this right to quit at the five year mark. Initially the landlord refused to accept the notice. He still has not accepted service but thats not even my biggest problem!
Through his agents, a large property surveyors, he keeps on moving the goalpost. He put forward proposals that if I carried out certain works to the building, paid all rent up to date and provided a Electric Works Certificate to certify safe electrics throughout the building, then he would accept surrender of the lease. This has now been ongoing for over 6 months. I have done the works, provided all the invoices and the electricity certificate from a registered electrician, all at my own cost.
I have now had an email from the agent saying he has employed his own electrician to check the electrics. I am also presuming that they will expect me to pay half his fees, as I already have to pay half toward the landlords legal and surveyors costs. I was told they would try to get this tied up before Christams, yet the end is no where in sight. It's actually making me sick with worry.
I feel I'm being bullied into accepting everything...How should I respond to this latest email?
Any help would be very appreciated.
Face
The surrender of a lease is a
The surrender of a lease is a matter of negotiation with the landlord in prime position because he is under no legal obligation to accept a surrender.
Were the terms of the agreement to surrender recorded in writing.
If they were and you have complied then you may be able to force the surrender.
I take it that the lease is not terminating under the break clause provisions.Why is this?
Sometimes even break clause provisions have some onerous obligations on the tenant but these would be set out in the lease.
The terms to exercise the
The terms to exercise the break clause were the usual terms in a lease ie, making good the building, ensuring all rent and arrears paid and any outstanding works and paperwork to be submitted, including serving the notice. One method of serving the notice was at the landlord known address. I sent a letter by first class post, not recorded and also emailed his agent on several occassions within the notice period. I never received any responses. Once the notice period expired, the agent wrote to claim improper service. Unfortunately, the landlord has seemingly not bothered to mention he will have received it by post too.
So now, he has me over a barrel. I have complied with all his conditions to surrender but his agent keeps on adding things on. For example, I had to provide an Electricity Certificate fo the building. I paid a certified electrician to do this and submitted it to the landlords agent. He came back now saying he has employed his own electrician to check the electrics. This has not been discussed or agreed. I presume he will ask me to be partly responsible for those costs too. The landlord never seems to be available to the agent. All this was meant to have been wrapped up by Christmas but they just keep dragging it out. I feel like telling them I can't deal with it anymore and to just take me to Court but this would be suicide too i guess!!
I can't move on. I feel I'm being cornered. I can't afford to stay at he building and this whole thing is just crippling me.
Face
Face
Your lease should tell you
Your lease should tell you how documents have to be served.
What precisely are the agents saying so far as service is concerned?
They said that notice was not
They said that notice was not properly served. They haven't even mentioned the notices I posted. They only refer to the emailed notice. Then they put forward written proposals for surrender of the lease. I have complied with all the terms. They have now employed an electrician...I don't actually know why, as they have been given an Electrics Certificate. The agents also keep saying that the landlord has not come back to them with any response to the complied items or with a date for surrender. Rent was due again from the 25th December, notably they haven't sent me the invoice. Perhaps as everythng had been complied with before this date?
Face
If you have complied with all
If you have complied with all the points required by the landlord then you should write formally to the agents explaining point by point what action has been taken demanding they complete the surrender.
Hi everyone, I have now got
Hi everyone,
I have now got to the point of surrender. I have paid enormous costs in order to do so but feel I had no choice but to.
I have a problem now though in that the original lease was damaged beyond repair in a massive leak in my housde, so I have no original lease to surrender!
What can I do?
I would really appreciate some guidance.
Thanks
Face