PDA

View Full Version : Who can I ask for advice regarding a commercial lease


ElizabethAEJJ
Jun 29, 2012, 04:56 AM
The lease on my shop premises expired on March 31st -I subsequently wrote to the landlord at the end of my lease period terminating my tenancy and agreed a leaving date of 31st August
There have been problems with roof leaks to the adjoining shop premises however the roof to my shop was not leaking as I had arranged my own repairs to keep the premises wind and watertight
The landlord has had the roof covering replaced after I wrote to them terminating my tenancy and have now sent me a bill for £2000 for roof repairs--what they have done however is backdated the invoice to the 22nd March which is before the works were executed and before I wrote terminating my tenancy

Can you please advise

ScottGem
Jun 29, 2012, 05:14 AM
Why would you be responsible for repairs to the roof of their property? Did you lease specify that you were responsible? If you continue to occupy the property past the lease expiration, then it is probable that the terms of the lease remain in effect until you vacate.

With a commercial lease everything should be spelled out in the lease.

Fr_Chuck
Jun 29, 2012, 05:26 AM
Who did the work, did you ask them for a copy of the actual work order to prove when it was done ?

ElizabethAEJJ
Jun 29, 2012, 05:44 AM
At no stage was I consulted about this work --I do not know who carried it out but It was definitely done in April

ScottGem
Jun 29, 2012, 05:46 AM
That doesn't answer the question about who is responsible for maintenance.

ElizabethAEJJ
Jun 29, 2012, 05:57 AM
That doesn't answer the question about who is responsible for maintenance.

I am responsible for maintenance --ie keeping the property wind and watertight -but as I stated earlier my shop had no roof leak but the adjoining properties did --the landlord has decided to re roof the whole block

ScottGem
Jun 29, 2012, 06:33 AM
You might have a problem. If the roofing contractor testifies that the leak originated in your portion or that the whole roof needed to be replaced, then you may be held responsible.

excon
Jun 29, 2012, 06:46 AM
I am responsible for maintenance --ie keeping the property wind and watertight -Hello E:

When addressing legal matters, specific wording is crucial. Now, I don't know HOW they word leases in the UK, but here in the US, the wording "keeping the property wind and watertight", wouldn't be used...

In fact, from a legal standpoint, I have NO IDEA what that means.. If your lease uses those words, that's VERY GOOD for you.. Because if I can't tell what those words mean, certainly a tenant wouldn't either, and neither would a judge..

Given what you THINK it means, it appears that the landlord is responsible for NOTHING except collecting rent, and NOBODY would enter an agreement like that.

So, at this point in your dealings with your ex-landlord, I'd respond to the bill with a certified letter telling him in very simple terms that you're NOT responsible and that you're not going to pay. If he thinks he should have the money, let him sue you.

If he does, contact us again. OR, if your lease uses OTHER wording, then please tell us EXACTLY what it says.

excon