Commercial Lease - Roof Repair Responsibility

Original Post:

Rosannamarr

Rosannamarr

Free Member
Aug 12, 2022
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  • #1
    Good morning,

    I run a cafe, we rent from a landlord and have had damage to the roof. The landlord has paid for roof damage before as well as internal structural damage, on the basis that our lease says he needs to keep the property in fair condition.

    He is now saying that we are responsible for the repairs and is refusing to pay. I have sent him the evidence from our lease that says it is his responsibility - but he is now saying it is vague and is asking the estate agents who drew the lease up what their intentional meaning was for the lease. He used to work there so I don't feel like they will be impartial.

    Would this have any legal bearing or does he need to go off what is states exactly in the lease?

    Many thanks for your help,
    Rosanna
     
    Solution
    kulture
    Of course you BOTH have to go by what is said on the lease. Take advice from a solicitor who can best say what the legal interpretation of the lease means. You did use a solicitor? if not, get one now.
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    M

    Michael Loveridge

    Free Member
    Aug 2, 2013
    473
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  • #3
    It's irrelevant what the estate agents think. All that matters is what the repair covenant in the lease says. Can you copy and paste it?

    But be careful, as some leases contain a covenant by the landlord to repair but then elsewhere in the lease there's a clause saying that the landlord can charge any repair costs back to the tenant.

    Did you employ a solicitor when entering into the lease? If so, they will (or should) have given you a report on the lease that would explain the repair liabilities, so dig it out and read it.
     
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