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Need urgent advise in a trouble commercial tenancy

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  • Need urgent advise in a trouble commercial tenancy

    I bought a lease for a business premise in 2009, although my lawyer, the land lord's lawyer and the seller's lawyer were present, I have not been informed, that the premise had twice big fire incidents in 2000 and also three four years before that, involved several fire engines, police cars, due to potential emergency & danger to apartments above the commercial premise.

    Now due to rent high increase from 25K to over 35K business rate increased by 25% this year and 40% the next, I must renovate the store room to turn into useful commercial part. I already paid half the fee to builder. But, after starting work for a week the builder found out the ceiling where fire had happened very badly repaired, badly repaired and basically it was covered up by new ceiling plaster boards to get the fire damaged parts out of sight; Now 2 steel beams were rotten, I can peal piece of the steel beam just by using bare hand. My builder said roof could have collapsed any time in the last few years.

    Is that a criminal offence that seller and land lord have not informed me during the deal in 2009? I have no address of the seller, but I still have the address of the lawyer who was acting for the seller, Can I sue them under what kind of reason? Attempted murder or GBH or manslaughter.

    Can I sue the lawyer who was acting for me for negligence? for non-advising me to use structural surveyor? And the land lord for hiding the fire incident, or for negligence its duty to check that structural work has been performed correctly, for safety to live to work there? They knew that I was new and in-experienced in trading in 2009. I had been forced to accept to pay 6 month deposits to get the license, because I had no trading history, "or just leave it"

    Due to bad economy in the last few years my income is getting lower and lower, that I see I should soon try to get working tax credit, because from the recent business rate increase, requested rent hike and cost hike I haven't got much left to live on, then come adapting machine to accept new pound coins ( I have a laundrette with coin accepting washer and dryer), machine repair bills, I still have two motors in repair I have not got money to pay for them. I must renovate to making more productive room to improve my trading situation.

    So for renovation and moving shops together, for getting a new shop into the premise I use my saving and borrow money and already pay half the builder fee. I am in debt, but my builder can not continue their work, until roof is repaired and declared as water tight and safe. They waited since 11/7 and threaten to get away by the look how thing around the roof develop so slowly. We have offered to call in our own structural engineer to replace the roof steal beams, so my builder can get on with the renovation. But Land lord has declined and insists to follow their own procedure.

    An agent did come around on 13/07 and reported "By the look of it it is not so unsafe" -hallo there are roof I-format beams, and I knock with my bare hand pieces falling down like raining-; then now their engineer would come in one or two weeks to investigate! One or two weeks!

    I am facing the issue of losing the fee I had paid for renovation. Find a new builder in future would cost me a lot more for the renovation work, because this team know me since long time and we started planing the renovation since last year.

    I can only accept the new more expensive lease only when my trading come back to normal after the planned 8 to 10 weeks my builder would need... But now it is for who knows how long

    I can not concentrate on work, thinking facing the possibility to lose the money for nothing, and have private debt to pay back. The part where it could collapse is the water heater, water supply room, and toilette so the business is suffering until the repair work can be finished... But all I have is basically the land lord side says I have to wait until they complete report and investigation process. and I don't know how long its time frame is and what is about my business.

    I pay through the land lord yearly building insurance. I have not got my own business insurance. My lease run out in April 2017, but with an option for renewal. I did ask them about renewal since last year but they said it was too early.


    I have a lawyer acting for me, and we are middle in the process of lease renewal. But strangely and I am very surprised that although I have passed on information about the part of the building damaged by a fire in the past, and 1 builder is afraid roof could collapse. and it is non-sense to continue to renovate under that roof, because rain water will damage all soon etc. it is true before yesterday it rained slightly and in the morning I saw water mark at the foot of the wall.

    As my builder found out about the roof on the 10/07, in the hope that the roof would be quickly repair, and that we can continue the renovation and I can go back to normal trading with improve trading opportunity, I have instructed my lawyer on the Morning of 11/07 to accept the request new rent level as we have much more important thing to discuss (about immediately repair) with land lord now. That was more than 3 days ago I am confused because although I need very much advise, but my current lawyer handles the lease renewal and damage at the building like two different matters ... He seems not to react on it at all. Is it correct?

    As the roof repair is delayed and erases my hope to a quickly come back to normal trading and also using improved trading opportunity, to cope/absorb the rent increase... That chance is gone. Should I revert my decision to accept the rent increase?

    If roof had fallen on an employee or while washing hands, getting water to clean the premise or turn on/off water supply for the laundrette or roof falling on a customer using the toilette I would be in deep deep trouble, was it not?

    Is there a consumer act on commercial lease selling? Clearly someone/or many people have sold me defect good, or unsafe good which could have killed s.o.

    Could you please assess my situation and give me advice what to do in this case. Sorry for my English. Please ask me where/what ever it is unclear.

    I am financially and emotionally so much in despair, please could you help me with advise what to do and I'm genuinely sorry for the long narrative...
    Last edited by distress; 15th July 2017, 10:04:AM. Reason: spell check and add paragrapgh "already on 11/07 accepting the new rent request,..."
    Tags: None

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