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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a lease for an Industrial unit which I use for my business.

Customer Question

I have a lease for an Industrial unit which I use for my business.
The land lord has been notifed over 5 times about the roof leak and has supposedly got the maintenance guys just to patch it up, never actually fixing the issue as when it rains heavily it pours into the unit heavily causing a flood in doors.
I have have had to shut work for 2 to 3 days on these occasions costing me loss of earning and have also had damage to my equipement due to this issue. On every occasion he informs it is fixed but over 5 floods in the same spots says different. Is the land lord liable for my loss of earnings and damage to may equipement? I pay my rent and on time should I stop to pay for my loss of earnings and damages? And if yes or if the land lord is laible what law/act does this fall under. Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Do you know the cost of repair or had a survey done please?
JACUSTOMER-mbbfz6vz- :

The roof repair is nothing to do with me as the landlord has his maintenance guys fix it. But it always leaks in the same place as the gutter is not fixed correctly. They told my colleague the other day they fix it by clearing the leafs, which is not fixing the issue at all. I just want this roof fixed so it does not affect my business any more and that the damages and loss are paid.

I haven't had a survey, but the approximation to the damage to the equipment and loss of earning is
1.Had to shut business for 2 days, this cost me around £280
2.Equipment Damaged - Boxing Bag worth £250, Heavy Bag £60, Wall Canvas £100, Boxing Round Timer £105

Total: 795.00

Alex Watts :

I would get a survey done which should show what is wrong with the unit. You can then show this to the Landlord and ask for the repair.

Alex Watts :

If they refuse then get a number of quotes to get the work done and this forms part of your loss.

Alex Watts :

Once you have your loss (including the costs above) then you know what sums you want to claim and seek back.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-mbbfz6vz- :

Ok, I will get a survey done.
Can you confirm that the landlord is liable for damages and loss of earning incurred due to the roof and under what act /law?

Alex Watts :

Damages yes under Landlord and Tenant Act.

Alex Watts :

Loss of earnings not necessarily unless its in the contract, but you can try

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