Question
Abby, Marcus and Nick are partners in a medical practice. They lease premises in the Wingtown Mall. The lease is for five years with a
Abby, Marcus and Nick are partners in a medical practice. They lease premises in the Wingtown Mall. The lease is for five years with a further right of renewal for one term of five years.
Nick had an argument with the Wingtown manager, Ned, about Nick parking in Ned's car park. Ned told Abby and Marcus that he would not renew the lease which was due for renewal in July 2018 if Nick was to continue on the premises. He also made this clear to Nick.
Abby and Marcus had also become increasingly worried about Nick's professional competence and his qualifications from the Hollywood Upstairs Medical College. They resolved to end the partnership and gave notice to Nick informing him of their intention to end the partnership with effect from 1 May 2018.
It is now September 2018 and Nick has discovered that his former partners are still practising in the Wingtown premises. To his surprise he learns that, in April 2108, Abby and Marcus had negotiated an extension of the lease for another 5 years.
Required:
Outline the nature of any claim Nick may have against Abby and Marcus.
If Abby and Marcus had approached you for advice in April, before they gave notice of their intention to terminate the partnership, what advice would you have given them to avoid any potential problems?
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