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Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi hope you can help I rent a workshop and storage building,

Resolved Question:

Hi hope you can help
I rent a workshop and storage building, part of storage building has a large grain drying system and storage bins, my land lords are removing this grain system and work was due to start 1/12/13 and after a meeting with representatives of the owners on 5/11/13 we had an agreement to remove as much as possible from our storage building.
However today 29/11/13 a contractor turned up at our premises and told us he was starting work to clean up the accumulation of pigeon droppings that have been there for many years. I was not informed at any time that they intended to dry sand blast the whole area. My concern is my storage building was full and no attempt was made to cover anything thus causing all my property to be covered in a fine dust of pigeon poo, this is in my opinion a very big health hazard to myself and my workers as they have to pickup parts etc everyday out of this building, the advice I have had from health and safty on this matter is that I must not allow anyone to move anything in the building without appropriate protective clothing because of any potential health issues. my question is how do I stand in regards XXXXX XXXXX matter
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

  1. Could I ask if you have a formal lease in respect of the premises please?
  2. Did you allow the workman that turned up to commence works - if so did you consider advising him that he would have to come back once the area was cleared as agreed?
  3. Re your agreement with the owners was this all agreed verbally?
  4. Finally have you approached the landlord in relation to your concerns?
Customer: replied 2 years ago.

Hi yes we have a lease on the buildings

i was not personaly there when to contractor turned up i was informed by phone from one of my staff that they were working

the agreement was verbal but i have an email informing me of commencement 1/12/13

i have contacted the land lord and they want the work to continue

Expert:  Joshua replied 2 years ago.
  1. Thanks. Does you lease contain any rights for the landlord to conduct the works they are undertaking?
  2. Has the landlord addressed your concerns in relation to your items?
  3. Is the landlord making any reduction in rent for the period in which you will lose the storage space?
  4. Do you have space to store the items elsewhere?
  5. What is the approximate value of the items in storage - i..e. is it stock or just odds and ends?
Customer: replied 2 years ago.

There is no mention of this work in our lease

the land lords rep asked the contractor to cover anything in the building, but they continued without complying.

the land lord rep said we could have a chat at some point about rent.

We have nowere else to store our goods.

The value of stock held in this building is aprox 150/200k

Expert:  Joshua replied 2 years ago.
Thanks. Based on what you say this is a relatively serious matter which could potentially result in some costly damage to your goods.

The starting point is that providing your rent is up to date the landlord has no unilateral right to enter in to carry out work without specific authority in the lease. There is usually a provision relating to entry for emergency works but on the basis that there is no provision in the lease providing for this work you could 1. simply refuse to the wrok being carried out at all or 2. impose your own terms in relation to when and how the work is carried out.

In my view the first matter you should consider is emailing the landlord (or his agent) advising that you are very concerned that much of what was agreed in your meeting appears to have been disregarded and you are very concerned about damage caused to your stock and that all work will cease until you have been able to assess the damage and make arrangements to move the stock (assuming this is your decision).

In addition you will wish to consider reserving your rights in respect of any damage actually caused to your stock by the landlords workmen and that you will inventory any damage caused as soon as possible and revert to them.

You will then wish to consider addressing the issue of the cost of relocating the stock (including any additional equpment that is now required as a consequence of the work that has been carried out) and the costs of alternative storage and/or a rent reduction. It would seem appropriate to agree these points up front rather than after the event when no doubt the landlord will be largely disinterested and likely disinclined to offer anything more than token amounts if anything.

Finally if not already agreed, a schedule of works including a timetable should be considered so you kknow exactly what is going to be carried out and in what timescale so you can plan for your business and if the works are either delayed or not carried out as agreed, claim damages for any costs you incur as a consequence.

I would suggest that you consider ensuring that future discussions are either carried out by email or at least confirmed by email after a verbal discussion so there is a record of precisely what is agreed in the event of anh dispute in the future.

Is there anything above I can clarify for you?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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