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Hi all, Im in need of some help please!!
Hi all,
I have found this forum whilst trawling the internet for some information on my current situation and hoping someone might have some advice, all is welcome however big or small before I fork out for yet another solicitor.
Here goes and sorry its a big lengthy.
I took on a commercial property lease in Aug 12, went through a commercial solicitor etc to make sure everything was correct and in place.
The estate agent for the landlord carried out an asbestos survey at the request of my solicitor. My solicitor said nothing about the results and said I could go ahead with signing the lease. I signed the contract and moved into the premises and everything was going great until, In about November the shared access I have with the tyre company next door started to become obstructed with at least 10 cars belonging to the tyre company. After several emails, telephone calls and visits to the estate agent (as they do not issue the landlords details, everything has to go through the estate agent) nothing has been done to remove the vehicles and access is limited in and out of my unit for not only my car but for the deliveries in and out too (not enough room for vans etc to move about in)
It states in the lease "2.3 - Access
the right in common with the landlord and all other persons authorised by the landlord to use the estate roads and footpaths (including so far only as the landlord is entitled to grant the same the road shown hatched in plan 2) without causing any obstructions hereto for the purpose of obtaining access on foot and with vehicles to and from the demised premises provided that such rights shall at all times afford to the tenant adequate vehicular and pedestrian access to and from the demised premises from an adopted highway."
If one of the cars caught fire there is no way I would be able to get out (there is no other door or access to escape from) but nothing is being done to move the cars or even lower the quantity of cars (the tyre garage also have a lockup of their own which can house a min of 15 cars, so the shared access cars are additional)
Also I have received an email from the estate agent stating that the 2 storage sheds that came with the unit (originally I asked not to have them and have lower rent but was informed I had to have them as they were in the demise) had to be emptied with immediate effect and the landlord would reduce the rent accordingly. Since I had to have the 2 said sheds, I have used them to the fullest but now the landlord wants them emptied as they are high risk with asbestos (baring in mind the results from the asbestos was received by my solicitor before I signed the lease and she said nothing and I was informed I had to have the sheds and nothing has been said until now FEB 2013) Now I’m in a dilemma where I will have nowhere to store all the items from the 2 sheds and would have to find alternative lettings to accommodate. I have emailed the estate agents and asked how long the work will take on the sheds and I have been informed that they do not know what is even going to happen with the sheds as yet and they will contact the landlord and raise my queries with her and that was 2 weeks ago and still not reply. I have emailed the estate agent several times since and still not reply from them. I dont want to ring as I want everything said by them to be documented in emails just incase.
Obviously I am going to have to empty the sheds due to asbestos but I will now have to look for an alternative premises for the storage. Would I be able to request the whole lease be terminated to find another suitable unit to house everything as they are demised to me in the lease and the landlord cannot unilaterally take them away or ask me to clear them. I don’t really want to be paying rent on 2 units and deposits and solicitors bills all over again as this one cost me a fortune to get into.
Any advice would be appreciated before I pay the expense of a commercial solicitor again.
Thanks
Paula
I have found this forum whilst trawling the internet for some information on my current situation and hoping someone might have some advice, all is welcome however big or small before I fork out for yet another solicitor.
Here goes and sorry its a big lengthy.
I took on a commercial property lease in Aug 12, went through a commercial solicitor etc to make sure everything was correct and in place.
The estate agent for the landlord carried out an asbestos survey at the request of my solicitor. My solicitor said nothing about the results and said I could go ahead with signing the lease. I signed the contract and moved into the premises and everything was going great until, In about November the shared access I have with the tyre company next door started to become obstructed with at least 10 cars belonging to the tyre company. After several emails, telephone calls and visits to the estate agent (as they do not issue the landlords details, everything has to go through the estate agent) nothing has been done to remove the vehicles and access is limited in and out of my unit for not only my car but for the deliveries in and out too (not enough room for vans etc to move about in)
It states in the lease "2.3 - Access
the right in common with the landlord and all other persons authorised by the landlord to use the estate roads and footpaths (including so far only as the landlord is entitled to grant the same the road shown hatched in plan 2) without causing any obstructions hereto for the purpose of obtaining access on foot and with vehicles to and from the demised premises provided that such rights shall at all times afford to the tenant adequate vehicular and pedestrian access to and from the demised premises from an adopted highway."
If one of the cars caught fire there is no way I would be able to get out (there is no other door or access to escape from) but nothing is being done to move the cars or even lower the quantity of cars (the tyre garage also have a lockup of their own which can house a min of 15 cars, so the shared access cars are additional)
Also I have received an email from the estate agent stating that the 2 storage sheds that came with the unit (originally I asked not to have them and have lower rent but was informed I had to have them as they were in the demise) had to be emptied with immediate effect and the landlord would reduce the rent accordingly. Since I had to have the 2 said sheds, I have used them to the fullest but now the landlord wants them emptied as they are high risk with asbestos (baring in mind the results from the asbestos was received by my solicitor before I signed the lease and she said nothing and I was informed I had to have the sheds and nothing has been said until now FEB 2013) Now I’m in a dilemma where I will have nowhere to store all the items from the 2 sheds and would have to find alternative lettings to accommodate. I have emailed the estate agents and asked how long the work will take on the sheds and I have been informed that they do not know what is even going to happen with the sheds as yet and they will contact the landlord and raise my queries with her and that was 2 weeks ago and still not reply. I have emailed the estate agent several times since and still not reply from them. I dont want to ring as I want everything said by them to be documented in emails just incase.
Obviously I am going to have to empty the sheds due to asbestos but I will now have to look for an alternative premises for the storage. Would I be able to request the whole lease be terminated to find another suitable unit to house everything as they are demised to me in the lease and the landlord cannot unilaterally take them away or ask me to clear them. I don’t really want to be paying rent on 2 units and deposits and solicitors bills all over again as this one cost me a fortune to get into.
Any advice would be appreciated before I pay the expense of a commercial solicitor again.
Thanks
Paula
