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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 commercial property that I lease to a number of different

Customer Question

I have a commercial property that I lease to a number of different tenants. The property comprises of approx 10 units /yards. One of the tenants has damaged a dividing wall between his unit and next door. He has pushed waste material into the wall and made it unstable. The material is still against the wall and makes working by it very unsafe. I know I can charge for the damage but what about lost rent while the unit is unusable ? Also how much notice must I give him if I want to enter his yard ???
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 :

Does the agreement allow for you to end the agreement or not to cause damage please?

Customer : No
Alex Watts :

Does it allow you to terminate please?

Customer : I am having trouble finding the lease. The lease for the adjoining building is still in force as the company are not finished moving out. This does have a damage clause. Are they liable even though it was next door that damaged the wall ??
Alex Watts :

OK - if there is no termination clause then you can not end it.

Alex Watts :

What you can do is bill them for the damage because of their negligence

Alex Watts :

But unless there is a clause allowing you to terminate it then you can not.

Alex Watts :

You can only go on what is in the lease which gives you power.

Alex Watts :

No power to terminate means you can not

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer : I don't want to terminate the lease. I have spoken to the tenants in the affected unit. They want to sue their neibour as they cannot use the unit due to the damaged wall and danger. Can they do this ?
Alex Watts :

Yes they can - they can sue for negligence regarding damage.

Alex Watts :

Does this help?

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