Commercial lease, roof damage and costs

[LeeRedhead]

Hello,

I am looking for some advice as today has gone very wrong finding our newly decorated and refurbished offices completely flooded today.

Our tenancy agreement states that it is our responsibility to keep in good repair the interior and exterior of the property excluding the main walls and roof.

Since we have been there we have had the windows replaced (with permission) form the rotting wooden single glazed ones that were in to brand new uPVC windows as well as fixing an external step, fitting a new sink and toilet to replace the broken ones and several other improvements to the building. As well as replacing all the carpet (last week) and having a land drain fitted on one of the exterior walls (at our expense) to solve a damp problem that was happening from one of the external walls making one of the offices unusable.

I would argue that along with paying our rent on time every month we have held up our end of the bargain.

In March one of the offices had a leak in the roof which damaged one of the desk, made a mess of the carpet and broke some computer equipment. We contacted the landlord who paid for our roof to be patched but this patch was advised by the person doing the patch that it was temporary and the roof needed to be fixed properly, ideally a new roof. Along with the gutters to be repaired and cleaned out as when it rains the water was flowing directly on to our roof instead of through the gutters.

This looks like it has not been done and with the heavy rain the other night the roof has failed and the whole building is now flooded (2 inches deep in places), we have had to turn off all power and it is now unusable and with further rain forecast it is not looking promising.

What recourse do we have against the landlord regarding this issue? Surely as we have reported an issue with a leaking roof, the gutters that need to be fixed and cleared out as this is part of the roof then the "excluding the main walls and roof" clause means that it is their responsibility to fix these and now all damage that has been caused is due to the landlords neglect.

We have the reports in writing that have been sent to the estate manager and their agreement that they will at the very least have the gutters cleared and fixed.

Are we able to withhold rent as our premises is now unusable, is the landlord in breach of contract?

After paying to have all the renovations done our budget is now fairly tight and we have work that needs completing.

Any advise would be greatly appreciated.

Thanks

Lee

 

[kulture]

Go see your solicitor. It all depends on the lease and the wording of the lease. Nothing can be assumed. I know it sounds absurd, but just because you do not have an obligation to maintain the roof, does not mean that the landlord has an obligation. UNLESS IT IS IN THE LEASE.

 

[LeeRedhead]

Really? That seems kind of crazy, it's not specified that it is the landlords responsibility. Kind of assumed that since we are excluded that it would fall with the landlord. In this case who is responsible if we are excluded?

This seems like it is going to be a minefield as we can't afford to repair the damage done as it's extensive but our agreement states that we need to leave the property in a good state of repair so we're over a barrel if we decide to leave at the end of the year when the lease runs out.

Looks like some legal advise is in the order tomorrow.

Thank you for the advise.

Lee

 

[Spearmint]

To me, it looks as if the lease seems more watertight than the roof!

As you quite rightly pointed out, you don't seem to be responsible for the roof at all, which quite simply implies that your landlord is responsible. On that basis, I would also expect your landlord to be responsible for your other losses as well.

There are a few issues here mind:-

Firstly, there is the loss that you've already incurred and the loss of business as a result etc, etc.

Secondly, the contractor that repaired it the last time was concerned about the poor condition of the roof, and presumably this was conveyed to the landlord, so unless major repairs are carried out this could happen again!

So what is your landlord going to do about it and when, as it would be intolerable it if was to reoccur. If your current losses are going to be covered by the landlord's insurance policy (on this occasion) would subsequent claims be covered, if your landlord fails to do anything about it?

I would be inclined to approach the landlord directly in the first instance to see how receptive they are to reimbursing you for your immediate losses and how and when they intend to overcome the problems with the roof, and if you've still got concerns over the outcome after that meeting, seek legal advice if necessary.

I hope you resolve the issue.

 

[greengecko]

I'm inclined to go with what kulture has mentioned, if it is not specified it is the landlords responsibility to maintain the roof then it could be an uphill struggle if he decideds to play hard ball.

 

[Spearmint]

I can see where you're coming from but if the landlord or his agent drafted the lease in the first place, for a tenant to sign, one would assume that if there was any error or omission within the lease as to who is responsible for the roof, then it would have to be in the tenants favour if something wasn't stated i.e in the Ops case it certainly isn't theirs as the lease clearly states that they are not responsible.

I recently used to work for a major landlord and I dealt with building repairs and the like, and if there is any area of ambiguity when this type of problem occurred, we often had to accept that the lease wasn't clear enough and had to accept responsibility in situations like this.

Getting legal advice may well be the right way to approach it, but often you may find that a landlord is prepared to do something about it promptly, without going down the legal route.

 

[arcon5]

Do you have insurance?