Hi all,
I wonder if someone can assist. I have researched this problem a lot on the net but the information I have obtained contaisn a lot of gaps.
The scenario is as follows; A is the commercial tenant of a shop. He has started a new business (permitted by the Lease) from the premises and asked a friend to run it for him. The landlord has found out and served 146 notice to remedy citing an illegal sub-let. There is no sub tenancy and no rent paid. The friend who is running it is doing it as a favour for the moment with a view to future potential partnership or joint venture but no such partnership exists at present. To respond to the 146 notice can we simply deny the breach and ask the LL to prove it or can he simply forfeit. The notice does say remedy the breach but what can he do to prove he has remedied if it never occurred in the first place. A cannot stand behimd the desk in the shop as he has many other businesses which need him there.
Any assistance would be so appreciated.
Thank you.
I wonder if someone can assist. I have researched this problem a lot on the net but the information I have obtained contaisn a lot of gaps.
The scenario is as follows; A is the commercial tenant of a shop. He has started a new business (permitted by the Lease) from the premises and asked a friend to run it for him. The landlord has found out and served 146 notice to remedy citing an illegal sub-let. There is no sub tenancy and no rent paid. The friend who is running it is doing it as a favour for the moment with a view to future potential partnership or joint venture but no such partnership exists at present. To respond to the 146 notice can we simply deny the breach and ask the LL to prove it or can he simply forfeit. The notice does say remedy the breach but what can he do to prove he has remedied if it never occurred in the first place. A cannot stand behimd the desk in the shop as he has many other businesses which need him there.
Any assistance would be so appreciated.
Thank you.