Breach of terms of commercial lease by Landlord.
Discussion
I know, take paid legal advice etc...
Having got that out of the way, and talking hypothetically.
If a 1st floor commercial premises is leased out with the usual terms of being left free and undisturbed during the working day, then the landlord begins using the ground floor premises increasingly frequently in a way that prevents the first floor tenant carrying out there business, is the only option available to the tenant to serve notice that they wish to quit? Or can the landlord be forced to comply with the terms of the lease?
Situation is rented office premises over a social club. At inception of the lease the tenant assured that the club will not be used during working hours save for occasional buffet teas following a funeral, perhaps 4 times a year. These were not explicitly stated in the lease, which guarantees the tenant exclusive use. Landlord subsequently passes ownership of premises to new chairman.
Under new management of the club "funeral teas" are becoming more like four a month and are all-afternoon drinking sessions and very loud. There is no meaningful soundproofing between the premises such that tenant has to apologise to clients on the phone for the background noise.
Any thoughts?
Having got that out of the way, and talking hypothetically.
If a 1st floor commercial premises is leased out with the usual terms of being left free and undisturbed during the working day, then the landlord begins using the ground floor premises increasingly frequently in a way that prevents the first floor tenant carrying out there business, is the only option available to the tenant to serve notice that they wish to quit? Or can the landlord be forced to comply with the terms of the lease?
Situation is rented office premises over a social club. At inception of the lease the tenant assured that the club will not be used during working hours save for occasional buffet teas following a funeral, perhaps 4 times a year. These were not explicitly stated in the lease, which guarantees the tenant exclusive use. Landlord subsequently passes ownership of premises to new chairman.
Under new management of the club "funeral teas" are becoming more like four a month and are all-afternoon drinking sessions and very loud. There is no meaningful soundproofing between the premises such that tenant has to apologise to clients on the phone for the background noise.
Any thoughts?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff