Landlord is ripping us off

[jas69wales]

Good afternoon fellow members of this forum, I could do with some advice ??

My wife has currently been renting a shop for 4 years, at the time we went in there it was a real mess, it had no toilet facilities and the floor had to be replaced, so we carried out the work as per the original landlords permission. After a period of time the property was old by auction and anothe landlord purchased the property, my wife always paid the rent on time and never asked him for anything. At present we have ended the lease, but the landlord has informed us that we have to carry out certain works on the shop, we have totally enhanced the shop before he purchased it, and we have pictures of its previous state !, we have had to go to a solictor, as he has, and have redecorated and emptied the property, but he is still bullying us into his demands, what can we do?? i am thinking of going to local paper and t.v about his actions, he is goin to use a letting agent to lease the shop shortly, my wife is a popular business woman in the town and many of the locals are incensed by his behaviour !! we where advised by our solicitor to give him the keys yesterday, which he was very rude and arrogant when we did this.
I think that people have a right to know what he is like, but i would like some advice from anyone out there.

Thankyou

Jason

[OldWelshGuy]

Forgive my blondeness here, but what exactly are you hoping tyo achieve out of this? You have left the property yes?

So is it just purely revenge you are looking for?

I am sorry for the questions, but I don't get what you are trying to achieve. Has your wife stopped trading?

[jas69wales]

Sorry i have to explain, my wife and I have purchased a premises from which she has started trading, the landlord in question is threating us with surveyors fees and costs unless we do this and that, but as i have said prevoiusly he didint know what state it was in before, we have totally enhanced it, and he has never contirbuted..

Thanks

[OldWelshGuy]

Sorry I am still confused. How have you got a landlord if you have purchased a property?

How have you handed back the keys?

Are we talking about 2 different properties?
Surely If your original landlord sold the property, then your agreement would be with him, not the landlord who purchased the property.

Why are you beiong told to carry out works when your lease has ended?

I am just really confused here :(

[jas69wales]

Sorry my mistake, we have moved out of the rented property and we have purchased our own property, we are having trouble ending the lease, on the old rented property he is convinced we should do a list of jobs before everything is resolved, we gave him the keys back yesterday as advised by our solictor, he wast very happy about that though !

[Chris Ashdown]

You need to check the wording on the original lease and any subsequent ones to see if it states a full repairing lease or not

The new items you installed are for your benifit not the landlords ( even though it might make the unit better for 99% of people), so he could well be in his rights to ask for it, to be returned to it's original state

I would suggest giving him a copy of the original photo's, identify all the repairs and improvements you have made in writting and ask for details of why he considers further work should be done and exactly what that entails

This way you have proof of your intentions in writting and he should respond by letter

You may than be able to settle by discussion and agree a way forward

A solicitor on Leases would be my best advice after a deep reading of the terms of the lease

[OldWelshGuy]

Ah understood. Is the landlord local? If not then he is unlikely to care what you say.

On a different note though (and this is me with my marketing head on). If you contact your local newspaper and explain and are really polite, then there is every chance they will come out and take a phot of your wife outside her NEW business, and you get free advertising .

Perfect in every way, and you will have found the silver lining to the cloud caused by the ex landlords behaviour.

Don't come across as angry though, and certainly don't lay the story out through revenge. Speak to the reporter and explain that you have moved the business but wanted to point out to others the dangers of leasing and property changing hands etc, and why it is crucial to retain photgraphic evidence etc.

It is Human interest, it is local, and best of all it has a happy ending, ideal story for an editor. Shame it wasn't about a dog or pet, as photos of animals are always good nes :D

[deniser]

The legal situation is this:
1. a lease will require you to keep and put the premises in good condition regardless of the condition they were in at the outset.
2. If they are in a poor state when you take over then it is usual to negotiate a rent free period equivalent to the cost of putting the premises into lettable condition. You do not say if you had this benefit.
3. If you do not get the cost of the works reimbursed via a rent free period then it is usual to seek an amendment to your lease before you sign it which limits your repairing obligations to the standard of the premises when you took the lease evidenced by a photographic schedule of condition attached to the lease. I am assuming you did not get this clause included in your lease?
4. When you vacate the premises you are expected to leave them in good condition so that the next tenant could move straight in. It is advisable to do these works before you vacate. In offices for example this would mean decorating in a neutral colour, cleaning or replacing carpeting and carrying out any repairs.
5. If you do not leave the premises in good condition then the landlord is entitled to do the works and charge you the cost which you have no control over.

Subject to checking the terms of your lease, your landlord is probably not doing anything wrong but is well within his rights.