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Landlord Negligence

Discussion in 'General Business Forum' started by rstrst, Aug 2, 2020 at 6:04 PM.

  1. rstrst

    rstrst UKBF Newcomer Free Member

    7 0
    Hi all,

    Just helping out a friend of mine who has a commercial lease. She has had a shop ground floor lease for the last 8 years. Above the shop are flats. Since the beginning she has always suffered from leaks from above, sometimes damage is minimal just staining, and on other occasion serious electrical problems. The landlord was always contacted via text and his reply would be he would sort it out. About 4 months ago there was a major leak from the flat above, which resulted in a lot of damage thousands (lights and electrical), inc a piece of equipment that was about 8k written of. When she said to the landlord that she needs to be reimbursed for all of this he became quite threatening and mentioning rent reviews which put her of from taking any further action. The expensive piece of equipment that was damaged due to water leaks, was replaced with a new 20k machine, and last month another leak, wrote of the machine, it was not worth repairing. She has pictures from the majority of leaks, as well as repair bills , and proof of texts to landlord as well as replies. About 4 years ago she did send a letter via a solicitor in regards to same matter, but said it just fizzled out and nothing went further.
    I have told her get to get a solicitor involved again and claim for damages, but she is still hesitant!! is this a open and shut case of negligence??
     
    Posted: Aug 2, 2020 at 6:04 PM By: rstrst Member since: Feb 13, 2014
    #1
  2. obscure

    obscure UKBF Ace Free Member

    3,285 837
    Your friend needs to grow a pair and actually take action.

    She tried asking.... nothing changed.
    She tried weak legal threats...... nothing changed.
    Continuing with either of these approaches will have the same result.

    She needs to instruct a solicitor and actually follow through.
     
    Posted: Aug 2, 2020 at 9:47 PM By: obscure Member since: Jan 18, 2008
    #2
  3. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    11,685 2,429
    Why did she not claim against her insurance as a first step and let the insurance company claim from the landlord if he was at fault and new it was a problem

    We had a overflowing gutter that was filled with moss and grass it started to leak inside the warehouse close to all out embroidery machines, once we sorted it out all the machines were covered in plastic when not in use, so we protected ourselves from major disruption
     
    Posted: Aug 3, 2020 at 8:37 AM By: Chris Ashdown Member since: Dec 7, 2003
    #3
  4. Mark T Jones

    Mark T Jones UKBF Big Shot Free Member

    4,647 1,718
    There is no sich thing as an open & shut case - of course we only have one (diluted) side of the story.

    However, on the face of it it does look like your friend has a good case and should have acted on it far sooner.

    they should take professional legal advice and act on it promptly & decisively.
     
    Posted: Aug 3, 2020 at 9:24 AM By: Mark T Jones Member since: Nov 4, 2015
    #4
  5. Paul Norman

    Paul Norman UKBF Ace Free Member

    2,708 831
    Property matters can become both complex and angst ridden. And both Landlords and Tenants can, on occasions, act in ways that leave bystanders open mouthed.

    There is not enough information here to be certain. But it seems likely that your landlord is not being reasonable.

    However, the only way to really get this sorted out is to either engage a decent solicitor, or to hope that the insurance company will. Indeed, often, business insurance includes some provision for legal assistance if needed.

    Unfortunately, however that goes you now have a sullied relationship with the landlord. The law cannot require them to cease being unreasonable as a character trait. And a permanent, solicitor driven, landlord relationship is a bit tiring. But better than shelling out £20 on some new kit every couple of years.
     
    Posted: Aug 3, 2020 at 11:42 AM By: Paul Norman Member since: Apr 8, 2010
    #5
  6. James_RawlinsInsurance

    James_RawlinsInsurance UKBF Newcomer Free Member

    5 0
    First port of call would be to claim off her own insurers and then they can go after the landlord and let them take his wrath, its not right for her to try and fight him or indeed spend her money on legal fees. A shop/office policy would have legal expenses policy built in (well it should if it was done properly)
     
    Posted: Aug 3, 2020 at 12:39 PM By: James_RawlinsInsurance Member since: Jul 24, 2020
    #6
  7. Chris Ashdown

    Chris Ashdown UKBF Legend Free Member

    11,685 2,429
    Actually it may not be the landlord who is the problem but the tenants in the flat above, they might just have left a tap running, who knows
     
    Posted: Aug 3, 2020 at 2:08 PM By: Chris Ashdown Member since: Dec 7, 2003
    #7