Commercial property lease, landlord advises major repairs are our responsibility

[*Lexxy*]

(apologies for my negative tone before i even start, just sick to the back teeth with problems at the moment ).

we moved into our workshop premises last August, one area of the roof seemed to have a problem - just a damp area to start off with, then a leak when it rained. Caretaker on site was advised, i need to check this but i think we were just told something along the lines of "keep an eye on it, let us know if it get's any worse".

the recent bad weather has made it a great deal worse, we now have water actually running in making the affected floor area unsafe.

i've contacted our landlords direct today, he's come back & said "clause xxx of your lease confirms that you are responsible for roof repairs". i've checked the clause he's quoted, it says "to keep and to put the premises a)in good repair and decorative order..."

any thoughts?

thanks

 

[ICU_Clean]

Thoughts? Yellow pages for a good roofer, and quickly.

Nearly always a commercial lease says the tennant is responsible for repairs and insurance, commonly known as FRI

Even if you are not responsible who is getting wet? You should get this problem sorted right away before your stock/equipment becomes damaged or someone has an accident. Electric shock is a very real danger along with slipping with a wet floor.

 

[amanda1112]

Landlords do have a duty of care to ensure that their properties are in a suitable condition for leasing. However, you say you noticed the roof was damaged prior to signing the lease. He could argue that you signed the lease knowing about the disrepair. If you had doubts maybe you shouldn't have signed anything until the roof was repaired. Did you mention the problem before you signed the lease? If so did the landlord agree to have it fixed and did you get it in writing? I would go back to him and mention that you won't be continuing with the lease after it expires unless something is done about it. In the meantime there isn't really much you can do except try to repair the damage yourself but I wouldn't go spending money and deducting it from the rent. Good Luck

 

[estwig]

I got a ladder you can borrow!!



I take this is not good news.

 

[*Lexxy*]

i don't really have all the info until OH comes home tonight. from what i do know, i can only assume that we found the problem soon after we took over the workshop, we hadn't caused the damage, so it's wear & tear that was only highlighted when it rained. we let the caretaker know but nothing was done/or even told if was up to us, it's got worse & here we are now.

all the Units on site are in a state, IMO (but i'm no expert), the majority aren't fit to be let out. current & previous tenants have had major issues with the landlords & i can just feel a nightmare scenario coming along sometime soon...

due to circumstances beyond our control & at very short notice, we were left with no premises & we had to take the unit we're in now. if we hadn't, the business would have folded. fortunately, we're now busy again with quite a few big contracts & the last thing we need is problems with our premises.

i'll quietly shuffle off now for a lie down in a dark room...

 

[ICU_Clean]

Lexxy, don't stew on this it will only distract you from your core business.

Forget what the caretaker did or didn't tell you, it is completely irrelevant in any case. What is relevant is the lease you have signed - Nothing else. If it states in your lease you are liable, then you are liable. End of.

The only thing i can think of that may help is if you raised the poor state of the roof at the time of signing the lease, i am guessing you didn't so you really don't have much (read any) room for manouvre now. As i said it is you getting wet.

 

[amanda1112]

Have you read your lease carefully? I used to work in property management and have dealt with many commercial leases. I cannot stress enough how important it is to read them carefully before signing. Any questions always ask as it is a legally binding document. If there are works outstanding and the landlord agrees to get them done always get it in writing. I would assume that the landlord has buildings insurance. However, making a successful claim would depend on how the damage was caused. If its just wear and tear then Im afraid it will be up to you to have it repaired.

On a positive note you could perhaps make a claim on your contents insurance if there is any damage caused to your equipment

 

[Christiane]

I recently signed a lease and it said I was responsible for things such as roof repairs, can't remember the exact wording. I got them to withdraw that clause.

Definitely read your lease carefully as this is where you'll find the answer.

I understand that the longer the lease, the more big repairs such as roofs are the tenant's responsibility.

 

[*Lexxy*]

yup, hindsight is a wonderful thing! we'll blame this one on our naivety & the circumstances at the time.

never for one moment did either of us consider the wording of the clause i quoted earlier to mean building repairs due to wear & tear...lesson learnt i think!

on this occasion, OH says the leaking roof 'should' be an easy repair for him, fingers x'd.

 

[Alex@AMB]

It would also not be helpful in the long run to let it get any worse.

 

[Be Known PR]

Depending on the cost of repairing you may be best to call in a commercial building surveyor who will be able to analyse your lease and the building and then put forward a case against the landlord.

My guess is that really the landlord should have put forward a dilapidations claim against the previous tennant who would have had the responsibility to carry out the repair.

 

[user2233]

Hi,

I'm in a similar situation, i have a sub commercial lease of tfl commercial properties in a raw of units from head lease. Our roof is leaking and causing damage to our fixture and fitting. Our lease says we are responsible for repair but does not specifically mention about the roof (don't know the exact wording). head-lease saying that we are responsible for repair the roof. the dilemma is that the property is owned by the London under ground and any work done on the structure of the properties need the approval of the underground and i sure that the head lease must have an agreement with the under ground to keep the properties in good maintenance order, hence he is responsible for the roof repair. Or could the head lease repair the roof and pass on the cost to the sub-lease tenants? can anyone advice on this issue?

Thank you.

 

[ethical PR]

Sounds like you would be best going back to the solicitor you used when you originally took out the lease for some professional advice.

 

[Talay]

Sounds like you would be best going back to the solicitor you used when you originally took out the lease for some professional advice.

Or if a solicitor was used, ask them to forward a cheque to cover the roof repairs

My last 3 surveys were around a grand each, including a schedule of condition. Legals were high but that was specific to the business but normally I'd say a couple of grand just for a lease job.

One property I have needed a new roof earlier this year. Cost was £30k plus change.