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weird commercial premises agreement

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  • weird commercial premises agreement

    Hi guys,

    Need an opinion.

    In June 2022 we agreed to let a commercial property from a local businessman on a license basis. We are the sole occupants of the building, though he says he is fine if we sub-let blah blah.
    In the agreement it says we are responsible for the internal and external maintenance of the property.
    When we first viewed the property, it was hard to see the state it was in as the previous tenants were still occupying with all their heavy machinery from their warcraft figure business.
    When they eventually moved out, we could see how poorly the building had been maintained. We took it up with the owner and he gave us 4 months free rent so that we could do the damp proofing, plastering and other bits to get it fit for purpose. That money, didn't get us very far at all and more problems have come up, namely the roof.
    It became very apparent after the very hot and dry summer, in the wet autumn, that the roof had problems as we noticed damp patches on the new plastering we had done on the ground floor ceilings and corresponding damp patches on the first floor ceilings and walls.

    Due to some horrible weather in the last month, the roof is just getting worse and worse, it's asbestos for one, the clear corrugated sheets that act as 'windows' have cracked, split and it some places melted from got weather so are defunct and have now made the property open to the elements on the first floor definitely but it's a matter of time until the ground floor is compromised

    Anyway, owner has said to my husband 'I'm doing this as a favour sorting the roof out, it says in your agreement, that you're responsible for the repairs' to which my husband hit the roof and informed the owner that it is his building and he is responsible to lease/let/license it in a state fit for purpose. A bit of an argument ensued with the owner backing down and agreeing to sort, but I wondered if there is anything official I can back it up with instead of my husband just strong arming him into doing it.

    Opinions on a postcard please.
    Tags: None

  • #2
    I think you have a problem. There is the wording of the licence. Then there is the 4 month rent free later agreed. Tell your husband to control his temper and try to get the best deal that can be done.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      So even though the roof would have had the problems to start with that we wouldn't have known about, we have no leg to stand on?

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      • #4
        £4000 isn't enough money to replace a 144sqm roof, it didn't even cover the repairs that needed doing as we came across other things in the process. We have probably spent upwards of £10000 on the building already *♀️ so frustrating

        Comment


        • #5
          Sorry, the license actually says 'You are responsible for the external/internal maintenance of the property' does maintenance include replacing an asbestos roof?

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