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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I am a Commercial Landlord. Rented the ground floor shop to

Customer Question

I am a Commercial Landlord. Rented the ground floor shop to a diffucult Tenant who always pays late. We had a Roof Mansard fell on her shower part of the rear cloakroom although the toilet and the bath tub was not affected; the roof part of the shower fell through because of the roof fell. We had Fire Brigade/Police/Council Inspector on my arrival on my call to them to access the damage, Called in Emergency Cover and arrange for next day builder to fix the small area of Roof which got fix day after. Loss Adjuster came a week later and another Builder fix the Internal Shower Room.
The Tenant knew I was working very hard with the Insurers and still have not got paid through all of this Claim but everyday harrasses me to give her her loss Income. She runs a Massage Parlour (which may be construed as a Brothel) although I was told no SEX was present why did she need the shower area. BTW, the Shower was put there when I used to be the Shop owner myself as I had a back room that I slept in very occassionally when I worked late. Cannot think of any reson why anyone would reely on a Shower for their Massage offering.
She now refuses to pay her rent. In her Lease there is a clause that Landlord can re-enter after 5 days non-payment. Can you help me. This woman has already once bullied me into paying half her electricity bill as I am in the basement shop; although initially she agreed to pay all electricity bill on her Lease.
Please help. Many thanks. - Rina
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome. My name is AJ and I will assist you.

Can you recite the clause that allows you to renter the property after 5 days of non rent payment?

You are completely right in this circumstance, while you may have to compensate her for business interruption or potentially loss of use of the property she cannot stop paying her rent. Two wrongs will not make a right.

How long will it take you to get the property back into a good condition?

Kind regards

AJ
Customer: replied 3 years ago.

You did not understand me. The make good was done day after. So the shop need not close although she closed it for one day ONLY. She does not need the shower to do massage treatment. The shop was fully functional day after as the toilet and the bath was still intact. My office was opened all the time apart from one day after the roof fell. She had had customers since. She lied about colsing the shop as her girls were there on show. I suspect she wants money from me and made that as an excuse. She always paid late even if it was 3 days she will prolong etc. I suspect also whilst the toilet and the bath is workable, she needs the shower for her clients as she is running a "Brothel" not just a normal massage place.

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