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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Before my commercial lease started the landlord stated I would

Resolved Question:

Before my commercial lease started the landlord stated I would have a buzzer intercom system installed and a broken window repaired. I signed the lease and wrote these agreements into the contract, beginning "Subject to...." 3 months since I signed the lease and repeated requests to have the work done and still just promises but no action. can I with hold my rent?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether the lease allows you to with hold rent please?

Customer:

No it does not. but it does state my office comes with an intercom/buzzer system, which it does not.

Alex Watts :

Indeed. Usually there would be clause which says not to set off or withold rent. It does not say this anywhere?

Customer:

No. It is very short and simple contract put together by Brasier Freeth who manage the property on behalf of the owners. it is a serviced unfinished office if that helps?

Alex Watts :

Ok - the bad news is this

Alex Watts :

If you are even a day late with rent the law allows the Landlord to re-enter the property and change the locks

Alex Watts :

Therefore I would not risk that

Alex Watts :

What I would do is get several quotes for getting the work done - this forms your loss

Alex Watts :

You should to write and set out your losses and ask for the work to be done or payment for it within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy

Alex Watts :

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

OK - so I can get quotes and then if the work is not done get it done myself and take that off the rent?

Alex Watts :

No............

Alex Watts :

If they dont you can sue for the cost of getting it done

Alex Watts :

Once you have a CCJ then you can take it off the rent

Alex Watts :

But not unless you have a CCJ

Customer:

OK - how much time would that take?

Alex Watts :

Well it depends.Anything from 2 weeks if not defended to 6 months if there is a trial

Alex Watts :

Does that help?

Customer:

Yes. thank you. It's clear the law favours the landlord! but very helpful and prompt

Alex Watts :

Great. Can I help with anything else today?

Customer:

No thank you! I just need to know how to confirm how to pay you?

Alex Watts :

Great. If this answers your question might I invite you to rate my answer, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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