Leasing a shop with no electricity. Am I liable for rent?

[Em250283]

Hi, I'm new to the forum and I hope someone can advise me.

We signed the a 12 month lease on a small shop on the 10th march with the understanding that the shop would be cleared out for us the next day. I payed a £300 deposit which I insisted on getting a receipt for from the landlord (eventually he agreed and I have this kept safe)

It has taken the landlord until today to actually clear the shop and hand us the keys and after entering the shop for a quick look around again etc we have discovered there is no electric connection. I called the landlord and he gave me a number to call and an account number to get the power re connected. After calling the supplier I was told I have to pay a £50 reconnection fee (ok, fair enough) and also a £300 security pre payment before they will even order a reconnection! He says all this is the landlords responsibility so back on the phone I go to the landlord who says actually no, the responsibility is mine. I told him I'm not paying this and he agreed to put half towards it which is better than nothing ...

So back onto the energy supplier I go just to be told that even after the £350+ vat is payed, I still have to wait 10 days to be re connected!!

So my question is this .... Where do I stand with the landlord who has taken my deposit, expects his first rent payment on 1st April , when he was 2 weeks late in shifting all his crap out of the shop, and then we finally get in and there is no power. I'm really considering holding back the first payment of rent as he has already broken his agreement clearly stated on the lease.

Any advice on how best to move forward with this? I don't want to kick jo and stink and I'm not being awkward. We will be spending a lot on the shop just to get it up to scratch and I feel like he is taking the puddin a bit because he thinks I won't disagree with his actions (which I will as I feel this is wrong!) but from a legal point of view, has he done wrong?

Thanks in advance and apologies for the super long post!

 

[deniser]

Welcome to the forum. Unfortunately you've done everything the wrong way round.

First, you should have done a survey and checked the position regarding all the utilities before signing the lease.

Secondly you should not have signed the lease until you got the keys and the empty shop in return. Or entered into an agreement for lease with completion on a date in the future outlining the landlord's duties to clear the premises.

Yes the electricity - and all the utilities - and depending on what you have signed, probably all the repairs as well are your responsibility. It's always the case with commercial property unless your lease says otherwise.

You should have more than a receipt for your deposit - you should have a document setting out what it can be used for and when you can get it back.

You say the landlord has broken his side of the agreement clearly stated on the lease. What does it state on the lease? That he has agreed to remove his stuff by a certain date? Does it actually say that?

 

[Doodle-Noodle]

Bit late to say it now ....... but you should have used a solicitor who would have ensured that you were properly protected. If you DID use a solicitor, go back to him/her and get their advice. Otherwise, borrow some torches, do what you can in daylight hours to refurb your shop and ALWAYS assume that everybody you do business with is out to rip you off so that you can protect yourself in future.

Good luck with it all ... and welcome to the wonderful world of B&M retail!!

 

[mhall]

.

Good luck with it all ... and welcome to the wonderful world of B&M retail!!

...where the tax man hates you, the VAT man hates you, The Council hates you, the landlord hates you, your competitors hate you, your suppliers will hate you, some of your customers will hate you, your staff will pretend not to hate you and after a few years you will look in the mirror and start to hate the old person staring back at you.....

BUT IT'S STILL THE BEST JOB IN THE FREAKING WORLD !!!!

 

[My Owl 1]

Unfortunately, it looks like you have taken over a premises that has had previous bad debt with utility providers. I recently helped a cafe get their electricity and gas back on line and 10 days is actually quite good. £50 is around the norm for a new meter or connection, however you may be able to get the deposit that the electricity company requires down if you have a credit check done on yourself providing you have a good score.
The most important thing to get across to the electricity company is that you are nothing to do with the out going tenant, or in fact the landlord, as he might be the bad debt party. As I found out with the cafe I have just helped.
Would be happy to see if I can hep thru my utility company and although our rates are very competitive although I would not be able to bring the service into the building any quicker as we all use the same technicians.

Do pm me if I can be of any help.

Best wishes.
Avril
Providing energy and telecoms to businesses across the UK.

 

[Stuart Bailey]

you need to look at your lease agreement. Sometimes the rent is all inclusive but most of the time it isnt.

Did the landlord tell you it was connected to the electricity before you took the shop on.

Further I would be wary about spending thousands of pounds carrying out a shop fit without a proper agreement in place.

all the best stuart

 

[Brandon12]

Yes , you are but before you proceed for any thing be smart and work with your full wisdom because you can't take a shop on rent that is away from market and has a high lease rate.

 

[PrestonLad]

you need to look at your lease agreement. Sometimes the rent is all inclusive but most of the time it isnt.

Did the landlord tell you it was connected to the electricity before you took the shop on.

Further I would be wary about spending thousands of pounds carrying out a shop fit without a proper agreement in place.

all the best stuart

That's exactly what jumped out at me. There are indications that this is one bad landlord. One who might very much like to see his/her shop upgraded by the new tenant... then bump up the rent in 12 months' time.

 

[Brandon12]

I think PrestonLad is right it may be a trick that a landlord can use if he is a bad landlord in real sense. I suggest you all if you are going to take a property on rent then just confirm twice about these little things cause they may raise great trouble in future.

 

[Talay]

A simple and practical fix would be for the landlord to agree to move the first rent payment back a month to allow electricity to be reconnected and cover the period when the property was actually unavailable.

Ask him.