PDA

View Full Version : Lease termination due to delay in shop opening


Syd Dengu
Feb 3, 2014, 02:09 AM
Hi

Our shop landlord wants to terminate lease because we have delayed in opening reaustarant. Delays are being caused by local council approving plans. Our rentals are up to date including all operating expenses.

Is delay in opening a just cause. How can I word the objection letter?

Help

Fr_Chuck
Feb 3, 2014, 03:03 AM
What does your written lease say ? What wordings about termination of lease ?

Syd Dengu
Feb 3, 2014, 03:34 AM
They are quoting Clause which say say: "The tenant shall keep the premises open continually during normal business hours and carry on its business during the whole term of the lease subject to its right to close the premises when special occasions or general conditions render it reasonably appropriate to do so."

We are just starting to renovate the place and have not finished

joypulv
Feb 3, 2014, 03:39 AM
I would pay a lawyer to write a simple letter saying that renovations are 'appropriate' under the terms of the lease. The wording is vague enough to protect the tenant, in my opinion. But I am not a lawyer and you don't say what part of the world you are in.

ScottGem
Feb 3, 2014, 06:32 AM
Sounds like you may be in the UK so you would see your solicitor. I think that clause can go either way. But since you are up to date with rental payments, the court will give you the win. I would have your attorney send them a letter stating that.