- Original Poster
- #1
Hi there,
For the second time in a couple of years the commercial property I rent has flooded - both times due to poor building maintenance by the landlord.
The premises are a converted warehouse that are carved up into about 40 units. I rent one of these units. The landlord is a charity appointed by the local authority to run the premises on their behalf to support small businesses. It's a complex set-up. The local authority owns half of the building, the charity owns the other half, and the charity receives funding from the local authority to run both parts of the building. They also offer things like small business advice and they sell places on business courses.
The first time my unit flooded was because of a blocked drain internally. The landlord had allowed another tenant to regularly wash their fleet of vehicles in a shared, covered space and the debris from this slowly blocked the drains up until the point where a heavy rainfall flooded our ground floor unit. The second time - a week ago - was because of inadequate drainage in a shared car park. There was a heavy downpour, and it all came into the unit I rent, through the main doors to the building. (In the last year, a brand new block of flats has been built adjacent to this carpark, and it may be that the area that used to soak away rainwater is now built over and so there's more water sloshing around.)
To a degree, the landlord has been helpful - they've already replaced all carpets and laminate flooring. However, they've told me for a second time in a row that it's down to me and my insurers to replace all the furniture and electrical equipment that was damaged.
The first time we flooded, the landlord gave us a month's rent-free period and promised to fix the problem. I was scared of being evicted, so went along with it. This time, however, the damage is worse. I could go to our insurer, but I don't know that there's enough damage to make it worth claiming - and I don't want to become uninsurable.
My feelings are that this was entirely avoidable - and that the landlord should at least pay for the damage to my property (the whole cost, of course, includes the disruption to my business). However, I don't know where I stand legally. I suspect I don't have a leg to stand on - but thought I'd ask here if anyone has any thoughts. The tenancy agreement is unusual - for example, the notice period on either side is only two months (because the organisation exists to help small businesses). So the landlord could just evict me if I make too much of a fuss.
Another thing I'm really hacked off about is that the landlord has refused to get an expert in - for example, a surveyor - to assess what measures need to be taken to avoid further flooding. Instead, the (very nice) caretaker of the building has suggested digging a drainage channel and "thinks" that will work. Which is great until it doesn't, and my unit floods again.
I'm not the only tenant who has suffered from the poor state of this building. A neighbour had water running down her internal walls during heavy rain. Again, the landlord said: "It's just one of those things - it's what happens in unusually heavy rain". But no other buildings in our neighbourhood flood regularly - it's just ours. (This isn't a situation like the poor people of Cumbria have had to live through. Our entire neighbourhood isn't flooded. It's just rain and it's just our building that's affected.)
I feel really strongly that given that our landlord is a charity whose sole purpose is supposed to be supporting small businesses - and given that this is all their fault and that they've done it before - that they should be more helpful.
I'd really value any thoughts or advice. Thank you.
For the second time in a couple of years the commercial property I rent has flooded - both times due to poor building maintenance by the landlord.
The premises are a converted warehouse that are carved up into about 40 units. I rent one of these units. The landlord is a charity appointed by the local authority to run the premises on their behalf to support small businesses. It's a complex set-up. The local authority owns half of the building, the charity owns the other half, and the charity receives funding from the local authority to run both parts of the building. They also offer things like small business advice and they sell places on business courses.
The first time my unit flooded was because of a blocked drain internally. The landlord had allowed another tenant to regularly wash their fleet of vehicles in a shared, covered space and the debris from this slowly blocked the drains up until the point where a heavy rainfall flooded our ground floor unit. The second time - a week ago - was because of inadequate drainage in a shared car park. There was a heavy downpour, and it all came into the unit I rent, through the main doors to the building. (In the last year, a brand new block of flats has been built adjacent to this carpark, and it may be that the area that used to soak away rainwater is now built over and so there's more water sloshing around.)
To a degree, the landlord has been helpful - they've already replaced all carpets and laminate flooring. However, they've told me for a second time in a row that it's down to me and my insurers to replace all the furniture and electrical equipment that was damaged.
The first time we flooded, the landlord gave us a month's rent-free period and promised to fix the problem. I was scared of being evicted, so went along with it. This time, however, the damage is worse. I could go to our insurer, but I don't know that there's enough damage to make it worth claiming - and I don't want to become uninsurable.
My feelings are that this was entirely avoidable - and that the landlord should at least pay for the damage to my property (the whole cost, of course, includes the disruption to my business). However, I don't know where I stand legally. I suspect I don't have a leg to stand on - but thought I'd ask here if anyone has any thoughts. The tenancy agreement is unusual - for example, the notice period on either side is only two months (because the organisation exists to help small businesses). So the landlord could just evict me if I make too much of a fuss.
Another thing I'm really hacked off about is that the landlord has refused to get an expert in - for example, a surveyor - to assess what measures need to be taken to avoid further flooding. Instead, the (very nice) caretaker of the building has suggested digging a drainage channel and "thinks" that will work. Which is great until it doesn't, and my unit floods again.
I'm not the only tenant who has suffered from the poor state of this building. A neighbour had water running down her internal walls during heavy rain. Again, the landlord said: "It's just one of those things - it's what happens in unusually heavy rain". But no other buildings in our neighbourhood flood regularly - it's just ours. (This isn't a situation like the poor people of Cumbria have had to live through. Our entire neighbourhood isn't flooded. It's just rain and it's just our building that's affected.)
I feel really strongly that given that our landlord is a charity whose sole purpose is supposed to be supporting small businesses - and given that this is all their fault and that they've done it before - that they should be more helpful.
I'd really value any thoughts or advice. Thank you.
