by Lara  23/08/2019  0 Page Views
0 Comments  Commercial law, litigation, contracts, IP, property law

My subject is Breach of Lease Agreement by a Lessor. I want to know the most efficient course of action to end a tenancy.

An existing tenancy, renewed after one year. There were issues in the first year which concerned the Tenant but none appeared to warrant leaving during that term or at the end of the year. Renewed on the same terms.

Most recently the Lessor was asked by the Tenant to carry out some maintenance work on an arena which is usable in the tenancy. The arena forms part of the property on which the leased house stands.

The Tenant asked the time frame so that the arena could be used again as per the Lease. The Lessor replied that it will be assessed and then went further to state that a fee will be charged for maintenance of the arena (clearly stated in Lease that the arena use is part of the Lease and no mention of extra costs). The Lessor also went further to inform the Tenant that the arena has not been used "within the permitted hours".

Background: The arena used to form part of a business enterprise and riding classes were held there however it has been out of business for some time (and prior to the commencement of the Lease). Were there a functioning equestrian business / riding school, the Tenant signed agreement to use the arena in collaboration with classes being held there. If a riding school did run it would be within 7am to 7pm, during which the tenant can use the arena with riding school agreement.

There is no functioning riding school and the arena is deserted but for the Tenant who did use it for an hour each day and is now prevented from use by the Lessor. No time frame has been given to the Tenant. Furthermore, the Tenant is forbidden to ride their horse anywhere on the property outside the arena.

The only reason for living on that property is to use the arena and train a horse and the Tenant is very dissatisfied, wanting to end the Tenancy.  

How easily can the Lease end? Per day it is not fit for the lease purpose. 

Note: The Tenant has been very agreeable during the tenancy and the Lessor has withheld vital information, for instance that the property was for sale at the time of the signing of the Lease and remains so. Around 10 viewings have taken place over the course of the tenancy. The Lessor has mentioned doing other repairs which have not been carried out. The Lessor fails to respond to text messages or emails.