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  • Office landlord screwing us, ideas of how to get out of lease?
  • nuttysquirrel
    Free Member

    We now have a gym beneath us, and we were not informed beforehand. Now there's a lot of noise and it's difficult to bring clients in etc. as it's simply embarrassing.

    We want to move out so we've given our 3 months' notice. However, it's no longer fit for purpose and we want out earlier. Can anyone give me some tips in how we can get out before this time?

    thisisnotaspoon
    Free Member

    environmental health?

    Presumably its the music thats the issue, have you spoken to the gym directly about turning it down 9-5?

    dmiller
    Free Member

    You could start leaning out the windows harassing the fit birds… in fact that's an ideal job for Adam! 😉

    I'm kind of surprised that they have managed to get a gym in below you – I would have thought that the building was not exactly ideal for a gym – do they not share the same entrance as yourselves? I would be arguing about security in communal areas as well as noise.

    Also do the council know its there? Do they have the right permissions for it to be there? Might be worth having a word with the planning people.

    Feeling for you mate – this isn't what you need really 🙁

    Gooner
    Free Member

    does the building have planning for a gym (i think its a different class to offices) – ask your landlord first because if he has nt he be more willing to listen to request to end your lease early

    if he is nt speak to y=the planners and environmental health

    Clembo
    Free Member

    A gym does indeed fall in a different use class to offices and it might be worth checking they have planning but surely they will for such an obvious use. What I mean is its not a "quiet" use where they could claim it is used as an office. The landlord can let his building to who he wants but I think he should have had the courtesy to tell you who he was letting the floor below you to. What sort of lease you on? Regulated by landlord and tenant act? If the lease states 3 months notice, your going to struggle to get out early unless you agree with the landlord that your "quiet enjoyment" of the building has been affected, as has your business, and he lets you surrender the lease and leave early. That will mean paying himn money to leave though. In the current economic climate he ain't going to just let you go as he might not be able to re let your floor quickly

    Hope that helps.

    spooky_b329
    Full Member

    If the gym has planning, sure all neighbours would have been advised by letter before it was approved?

    klegg
    Free Member

    Is this 3 months till your contract ends and you've told the landlord you will not nbe renewing, because i'm sure you only need to give 2 weeks notice to leave, but you'll need to pay the rent for remainder of contract…… An idea i was close to using myself was to tell your lanndlord you have a new job which is just as well because you have just received word of major cutbacks (or something similar) in your current job 8) but you need to relocate closer to your new employer……..

    Stoner
    Free Member

    check your lease for a "quiet enjoyment clause".

    breach of a landlord's covenant may make it easier to surrender with shorter notice, but it certainly wont confer a right to do so.

    Stoner
    Free Member

    klegg – notice in commercial leases is completely different to residential leases governed by AST legislation.

    klegg
    Free Member

    oh didn't read the bit about 'OFFICE' i auto thought your home landlord….I'm not sure on this issue, I'd talk with the office landlord about it though… good luck

    DickBarton
    Full Member

    Company I worked for before where I am now used to rent office space from the same folk…I think out of the 5 other tenants in the building, 3 did midnight flits…when our company finally went under, the boss did a midnight flit to his garage and had left 4 months unpaid rent…I hope he got caught as he still owes me 3 months salary (which I know I'll never get as after 6 years you'd have thought I'd have done something about it!)

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