Can a long term lease ever be quashed if circumstances alter?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Can a long term lease ever be quashed if circumstances alter?

    I am a director of my golf club. We have a long term lease with the landowner. The annual rent was made up of a fixed amount plus a percentage of turnover. This has totalled up to £70k per annum. The golf course went through some difficult times and five years ago a deal was reached whereby we paid a reduced rent for a period of time. Both parties had a 12 month break clause inserted in the five year amendment. We are currently in the final year of the five year agreement and our rent is now £35k for this year. This is going to be a struggle for us to pay. When the five year agreement comes to an end the landlord is insisting we go back to the original terms of the lease with no obligation to negotiate on the rent we pay. The golf industry has gone through many changes over the intervening period with membership declining and general participation in the sport declining too. Is there any precedent for having the original lease quashed, forcing our landlords to negotiate a new lease on more realistic terms?

    #2
    Is the lease within the https://en.m.wikipedia.org/wiki/Land...enant_Act_1954 ?
    Do you think the landlord may have other potential tenant lined up ?

    Comment


      #3
      Unless the terms of the tenancy allow it, a tenant cannot bring a lease to an end because of a change of circumstances. It looks like your only options are to exercise the break clause or pay the increased rent.

      Comment

      Latest Activity

      Collapse

      • Tenant no lease
        Adambarnes
        Hello Everyone,

        I am hoping to get some advice and direction all of you. I have a tenant who moved into a commercial property 3 years ago. Prior to moving in, the tenant agreed to sign a lease etc however we somehow provided him with the keys and he started trading from there without a...
        16-07-2019, 19:37 PM
      • Reply to Tenant no lease
        Adambarnes
        anyone at all?????????
        17-07-2019, 18:21 PM
      • Unpaid rent ?
        V83500
        Hi
        My question is difficult. My small company rented from the local council an industrial unit some 4 years ago we rented another the second unit was originally on a 6 months tenancy direct debits were set up and rent paid on time and in full.After the 6 months elapsed the council stopped invoicing...
        09-07-2019, 11:31 AM
      • Reply to Unpaid rent ?
        ash72
        Now that you have informed them, i'm surprised why you aren't paying them of the mistake? What type of agreement did you have with the council as I can't believe it would have been a verbal one with no paperwork. If it was a lease, most leases have a clause stating the rent is due regardless if it has...
        09-07-2019, 16:20 PM
      • Section 25
        Naomi music
        Naomi music 04-07-2019, 09:56 AM
        Hello everyone I am a new to this site and hope that I can receive some help regarding the current situation we find ourselves in. So, we have been served with a section 25 after being a tenant for 20 years. We run an community educational facility with a small...
        04-07-2019, 10:18 AM
      • Reply to Section 25
        rentreviewspecialist
        Regardless of any negotiations with the landlord for the renewal lease, if the tenant does not protect its renewal rights before the end date in the s25 notice then it would have no legal right to remain in occupation of the premises after that end date.

        There are two ways to protect the...
        09-07-2019, 10:00 AM
      • Dilapidation Costs and Clause Added to Lease
        urbancolour
        Hi all.

        Hoping someone can offer a little advice please.

        I have just come to the end of a lease on a commercial property and the dilapidation works are arund 3 x the annual rent. the property is in no worse condition when I moved in however.

        To quickly explain....
        08-07-2019, 08:40 AM
      • Reply to Dilapidation Costs and Clause Added to Lease
        rentreviewspecialist
        "I had a clause added to the lease under the repairs section 'The tenant shall not be required to put the property in any better state or condition than it was at the time of this lease'."

        Was a Schedule of Condition prepared at the onset and affixed the lease? If so then you...
        09-07-2019, 09:29 AM
      • Reply to Dilapidation Costs and Clause Added to Lease
        Lawcruncher
        I think it has to be the case that the landlord cannot hope to settle a dilapidations claim if he denies the tenant's surveyor access, but I have not been able to find confirmation of that online. I suggest you check the point with a surveyor.
        08-07-2019, 17:28 PM
      • Reply to Dilapidation Costs and Clause Added to Lease
        urbancolour
        Thanks Lawcruncher

        The landlords have stated that we can't gain access to the properynow the lease has ended....
        08-07-2019, 11:15 AM
      Working...
      X