Unoccupied Shop -- Rental issue

A Chairde,

An issue a colleague of mine is involved in. His aunt has a small shop, and has been ill for the last 12 months and unable to work in shop. She paid the first 6 months from pension, but let the situation trail on in the hope she could open shop again.

This has been ruled out as an option, and she wants to hand shop back but is unable/refuses ( I don,t know) the outstanding rental.

What options are open to her, what problems could she run into through non payment.

It is likely that she has a legally binding lease for a fixed period and she must pay the rent to the landlord for that period. If she does not pay, he can take a legal action against her for non payment of rent and he would win his case.

If the rent is below the market value, she might be able to sublet it at a higher rent to a new tenant. Or she might be able to sell her interest in the lease.

If it is not below market value, she should approach the landlord and try to negotiate a surrender of the lease. The landlord may be happy to get rid of a tenant who cannot pay the rent. If she has no other assets, it might not be worth his while to take legal action against her.

Thanks Bren,


I think this covers everything, suppose its a issue of getting back to them with options.