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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi Im a tennant of a commercial property i rent on a marina

Resolved Question:

Hi Im a tennant of a commercial property i rent on a marina with a few other businesses around it and marine staff who look after the marina for the landlords.

They do have access to keys to the rented shops.

The other day there was a foul smell from my unit and it was going all through the other units.

I asked the guys on the marina desk where the smell was coming from they said its in a lot of the buildings they had dina rod out all day cleaning drains and they were coming back in the morning to work on outside drains.

I replied if it doesnt clear up i will have to cancel some of my clients for the next day.

When i went to my rented commercial property the next day the men ie(dina rod )were working on the drains .
I went in property it was still smelling the guys doing drains outside came in to my salon had a look and they let out that they had been in my property earlier that morning.

I was very shocked to hear this and i asked them who had let them into my property?
They said the men from the marina desk had let them in.

I then went and asked the men on the desk why they had let the men in without my permission? He replied he had contacted me but my phone was not ringing out! my phone was on i had no missed calls,no voice message nothing.i asked him why did he not leave a message he replied yeh i should have left you a message.

i then contacted the landlord who is there boss and he said they were in within there rights to go into my property and he was trying to say that they tried to contact me but my phone must have been in a no signal area as it was just a long tone noise however i spoke to numerous people that 1 hour i wasnt in salon and basically he said that the men were within there rights that it was an emergency.However i was speaking to the marine staff the night before there was no plan action of them going in my propertie my drains were clean and running well.The marine staff let out that night that the resturant above pours oil down drains Surely the landlord should be getting on at him.

This feels like i have no rights is this right or am i in the wrong?.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 :

Is there anything in the tenancy agreement that allows access please?

Customer:

yes 3.6 Right of inspection and entry.

Alex Watts :

What does the clause say?

Customer:

to permit the landlord to enter and examine the condition of the premises at reasonable times upon reasonable times upon reasonable notice(except in the case of emergency) and the landlord may serve a notice on the tenant specifying any breaches of covenant or repairs which are the tennants responsibility under this lease and requiring the tenant to remedy such breaches and carry out such repairs as soon as reasonably practicable and if the tenant does not startwithin a reasonable period of time and then proceed diligently to remedy such breaches and carry out such repairs within such time as aforesaid the landlord may enter the premises at anytime thereafter(without being responsible for any damage caused or any disturbance of business)and remedy such breaches of covenant and carry out such repairs and(without prejudice to any other rights available to the landlord in this respect) the tenant will pay to the landlord on demand the costs incurred by the landlord including any surveyors or agents fees together with interest.3.62 to permit the landlord to enter premises at reasonable times after reasonable notice (or at any time in an emergency to a execute repairs alterations to any other part of landlords property or construct any buildings on it or construct or connect into the service media. b )carry out landlords service etc.

Alex Watts :

OK - did you get notice?

Customer:

that morning they said the marina staff had tried to telephone me they said it was a dull signal on my phone.(landlord is saying now it was a no tone signal,like the marine staff told me when i asked them why they had entered without permission.i THEN ASKED WHY HAD THEY NOT TRIED AGAIN?why had they not left a voice message? I was on the phone to many clients that morning talking on the phone ! sure my phone goes straight to voicemail when i cant get a signal anyway. So i guess its my word against theres.

Alex Watts :

But it was not an emergency though, or was it?

Customer:

no i wouldnt say it was an emergency .the marina staff that work for him explained the night before they had problems from the resturant above blocking the drains with food fat etc down the drains.etc previously on a number of occasions.

Alex Watts :

Technically they are in breach of contract.

Alex Watts :

You could sue for breach of contract and claim loss and damage if there was any

Alex Watts :

Further the Landlord appears to be in breach of the regular peaceful enjoyment clause

Alex Watts :

You could potentially seek an injunction to stop them entering the property again

Alex Watts :

But you could certainly sue for breach of contract

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The landlord is now saying as i questioned was it an emergency?His answer now is he explained that he has a property that nhs patients go for certain things etc his reply was nhs patients that are operated 24/7 and do not have yhe option to cancel clients for the day as they are dealing with nhs patients.its therefore our responsibility as the landlord to try and resolve the foul odour issue without delay he said this classes the issue as an emergency .

Alex Watts :

I can't see that this is the case. If there was a water leak or something then I can see that this would be an emergency, but otherwise no

Customer:

Exactly thats what i thought .Water,fire etc i would class as an emergency.

Alex Watts :

Can I clarify anything else?

Customer:

No thats it for now i will state these points to him in an email to him im sure it wont be my last battle with him .How do i contact you again if i need you please do i come straigh through just answer again ,Thanks youve been brilliant

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

ok i will leave feedback Alex thanks youve been great and you might here from me again.Thanks and take care

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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