Hi There

Just stumbled across this fantastic site so hope someone can help.

I recently set up my own business and signed a 10 year lease on a commercial premises. As the lease was not FR&I (its a simple Oyez type) I signed up after agreeing the term, rent and the important bits (or so I thought). I have just received a letter from the local authority stating that the property has not had change of use permission since the last business was in operation. The last business that practised from these premises was very different to what we currently do. The local authority have advised that if the necessary planning changes are not retrospectively applied, I may have to cease trading.

I have informed my landlord who insists that I should still continue to pay my rent. I have refused to do so todate as, as I feel that he cannot indemnify me if a) he cannot guarantee that the planning change for change of use will be agreed and b) I may have to close my business as a result. I don't wish to not pay my rent, simply withhold it until this matter is resolved.

Can anyone give any pointers on this as the lease that I signed did say that the property has the necessary planning use for my business, so surely he is in breach of contract and I am within my rights to withhold payments until this issue is sorted? Not legal savvy in relation to commercial leases as this is my first attempt at running a business and this is my first stumbling block in 6 months.

Any advice would be much appreciated. Thank you.
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