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Sub leasee Agreement question

Discussion in 'Practice Management' started by footsteps2, Jan 9, 2014.

  1. footsteps2

    footsteps2 Active Member


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    Hi,

    I am currently the sub leease renting a room in a practice (not Podiatry practice) 1.5 days a week.

    The building has been sold and I only found out because patients had heard. the owner did not have the decency to tell me himself.

    He also avoided questions about whether he was moving elsewhere in the area or relocating or just packing the business in altogether.

    I have therefore been forced to look for my own alternative premises and have found a great room where I will be located by myself.

    My sub leasee agreement states 4 weeks notice but wonder where I stand legally if I just give 3 weeks and he argues this or attempts to take an extra weeks rent from me.

    I feel that he is selling the house where I work from, disrupting my business and that 3 weeks notice is reasonable.

    Many thanks
     
  2. drfoot2

    drfoot2 Active Member

    Hi Footsteps, this is why a good lease agreement is always required. It sounds like you are on a month by month tenancy, which unfortunately, as you stated, only requires a months notice.
    If this is the case, then all he needs to do is give you a month's notice.If he is decent, then it is up to him to allow 3 weeks early exit.
    Please also note that his sale may be based on your continued tenancy, so the new owner may well want you there. If this is the case, then draw up a new lease based on your terms. Eg 1x1x1 year, or longer, 3x3x3. So your options can be exercised at the end of each period. You should also have YOUR OWN TELEPHONE/FAX NUMBER, so in the event that you move, your number goes with you.
    If you have found new rooms, then it may pay you to have adequate area to incorporate some-one else, that is a compliment to you practice and further decrease your overheads. Such as a Physio for example.
    Lastly, get all tenancy agreements looked at by your solicitor to make sure. Hope this has helped and good luck.
     
  3. Ideology

    Ideology Active Member

    Ask your solicitor but I would suggest that the minute he acknowledged he had had sold the building he effectively gave you notice, so 4 weeks from that date. However check the relevant leasing legislation in your area. Agreements which are unfair, incorrect or just not there are often "assumed' by law to be compliant with that legislation. The Law might require him to give you 3 months or something like that, and by not doing so, he has effectively broken the lease and you may be able to move freely.
     
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