Advice on landlord serving me Section 146 notice 4 months into 5 year lease.

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    Advice on landlord serving me Section 146 notice 4 months into 5 year lease.

    I will try to keep this simple

    I have rented a new premises 4 months ago, its a salon downstairs with a 1 bedroom contained flat upstairs. I have a contract with the estate agent who are managing agents for the landlord. The original advert says that the upstairs flat can be used as a sub let if required.

    I have since renovated the building, put in a sitting tenant on a 6 month AST upstairs and run my business downstairs. It became apparent the landlord was not happy I was running the business downstairs and renting upstairs. My contract states that written consent is required from the landlord and cannot be unreasonably withheld.

    Written consent was gained from the estate agent via email about 2 months into lease, rent was continued to be paid on time, then now today I have had a letter through the door from a solicitors saying he wants to serve me notice as I have sub let without permission!!!!

    I also note that my contract says I am liable for legal costs if I break the contract which he is saying I have. I am not paying this guys solicitor costs no way when he is in the wrong. Its been a cock up with the estate agents telling me yes you can sublet and now the landlord is saying the opposite.

    Where do I stand and what should I do next, as far as I am concerned I have done everything correctly.

    The landlord is being a complete knob about this, why rent out a business preemies if you don't want people working from it! He has harassed me about everything since I moved in, he is holding back my business.

    I have been to a solicitor today but its just cost me £250 for an hours work and a response letter to him, I cant afford to keep paying this. Can anyone else pick this up as an online solicitor at more favourable rates?


    Consult your local MP.


      I must admit that this all seems rather bizarre. Written consent from the Landlord's estate agent (acting on the Landlord's behalf) is sufficient and you say that you have this but yet the Landlord is litigating against you for breach of lease.

      Are you certain that your lease permits you to sublet part of of the premises - as distinct from the whole? This is the only sticking point that I can see as many leases state that you are not permitted to sublet only a part of the premises. Even so, the managing agent's consent was received in writing prior to the sublet commencing. So even if your lease does not actually permit you to sublet only part of the premises, the actions of the Landlord's managing agent (providing written consent) has effectively provided waiver on this point - precluding your Landlord from litigating against you.

      What a stressful way to commence your business relationship with this Landlord. You have my sympathies.


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