lease/no lease issues

Discussion in 'Legal' started by Lindsay Denville, Feb 6, 2018.

  1. Lindsay Denville

    Lindsay Denville UKBF Newcomer Free Member

    2 0
    Is anyone able to give me some advice please?
    We took on a shop in 2001 which was subsequently purchased by a new owner, No site survey was carried at out that time.
    The lease with the new owner expired in 2015 and the shop was vacated by us in January this year. The agent dealing with the rental has advised us that the shop should be returned to the condition that it was in when we took it over, and a lot of time was spent redecorating, tidying and generally making sure that it was left in a good state.
    We have now been advised by the landlord that there are four issues, (not specified) and if we do not attend to these four issues then they will do a survey which will cost us £1000 and then expect us to pay foe any works that are suggested by this inspection.
    Bearing in mind that this landlord is the guy who told us that we had to pay approx £27,000 to replace the windows upstairs, (offices that he converted into flats), we would like some advice on how to go forward,
    Many thanks in advance
    Lindsay
     
    Posted: Feb 6, 2018 By: Lindsay Denville Member since: Feb 6, 2018
    #1
  2. deniser

    deniser UKBF Legend Free Member

    7,889 1,665
    You need to look at your lease to see what it says about repairs. Most leases say that you have to keep the property in good repair and condition. This is regardless of the condition that the property was in when you took it over.
    If you had a solicitor acting then he/she may have watered these provisions down so you need to read the lease to see what it says.
    The general idea is that you leave the property in such condition that the next tenant can walk in and take over without doing anything.
    The survey that they are talking about is also normal. It is called a schedule of dilapidations. This might bring up all sorts of things. Obviously you need to find out what they are wanting you to do. You are better off doing the work yourselves otherwise the Landlord has the right to do them and charge you the cost. You are lucky that they still seem to be giving you access to the property after you moved out so you can do the works. Most people are not in that position and end up just facing the bill.
    If the Landlord already has tenants lined up who are willing to take the building as it is, then the position is different.
     
    Posted: Feb 6, 2018 By: deniser Member since: Jun 3, 2008
    #2
  3. Lindsay Denville

    Lindsay Denville UKBF Newcomer Free Member

    2 0
    Hi Denise,
    Thank you for your reply, does this still apply if the lease expired two years ago ?
    Regards
    Lindsay
     
    Posted: Feb 6, 2018 By: Lindsay Denville Member since: Feb 6, 2018
    #3
  4. obscure

    obscure UKBF Ace Free Member

    2,291 512
    If the lease expired how were you still in the property until this January?

    The norm is that, when the initial term of a lease expires it converts to a rolling lease. - You should read the original lease to see what it says about this. By staying in the property and continuing to pay rent etc you are basically accepting that the lease is continuing and therefore the terms of the lease still apply.
     
    Posted: Feb 7, 2018 By: obscure Member since: Jan 18, 2008
    #4
  5. deniser

    deniser UKBF Legend Free Member

    7,889 1,665
    Yes. Depending on whether your lease (look at your lease to see what it says) was contracted out or not, you will either have carried on automatically with the old lease under statute until one party gave notice or you will have acquired a new lease but with implied terms based on the old so either way, you are probably still stuck with the original repair clause if nothing was agreed to the contrary.
     
    Posted: Feb 7, 2018 By: deniser Member since: Jun 3, 2008
    #5