Hi there I will try and help
When the lease was drawn did you both have your owner Solicitors acting for you?
Thanks. To address some of the issues you have raised :- (1) It is much better to have a Solicitor acting for each party in a commercial lease matter. It is unlikely the Solicitor was acting for you (although I appreciate this is confused) and more likely that he was acting for the Landlord and you were simply contributing to the Landlord legal fees. if this wasn't fully explained to you you may wish to raise a complaint with the firm of Solicitors. If this is the case the firm would not have been acting in your best interest and would not have drafted the lease in the best way for you. In addition the correct due diligence would not have been followed. (2) When a tenant takes a property under a commercial lease they take it as they find it. All investigations should really take place beforehand, and I personally advise my clients that full survey should be be undertaken before they sign. I am a little confused about who is taking responsibly for the repair of the shutter. You have indicated that you are responsible for the maintenance and repair but not replacement (I assume this is how it is worded in the lease) and yet it is the landlord who is repairing it. Can you clarify why the Landlord has re-assumed responsibility? (3) You are right that the Building regulation approval should have been obtained prior, and that technically you were occupying a shop in breach of building regulation consent however I think the Landlord would only have to compensate you where this directly resulted in loss to you (i.e. if part the building fell down because of the lack of correct building work) where there is no direct "loss" I don't think this could form part of a claim
Thank you for your reply, and sorry for the delay. thank you for the clarification on the issue of the shutter. Leaving aside the fact that you want to end the lease early for the moment, and just focusing on the shutter issue I tend to agree with you that it seems the shutter would require a complete replacement, and to this end is beyond your responsibility under the lease. ON the balance of what you have said it appears there is an inherent defect in the initial installation. the Lease/Rent/terms etc were negotiation, at least in part, on the balance that you have a shutter that is at least in reasonable working order as you have said it was recently fitted. It as unreasonable for you to expect to have issues with it so soon into the lease. I think it is an argument that has legs and could be used as part of claim for loss. Does this constitute "leverage" to end the lease early? his is a more difficult question. By terminating the lease you are liable for loss without much question. It is quite clear cut. You would have to claim that the lack of a shutter is a fundamental issue that means the lease is unworkable/untenable. Gien that you have been running the lease for the best part of
(sorry pressed return by mistake)... best part of 3 years this works against this argument. I think the shutter issue something that could be brought as a separate issue, formally, then eventually you are then able to negotiate a settlement. You need to seek out a local firm of solicitors and let them have a detailed look at the terms of the lease in case there are other issues to consider, and then write to your landlord on this point and begin this negotiations.
Onto the issue of the insurance, I am not totally convinced that this is correct and they wouldn't pay out. However if you can gt written evidence of this then it is more fuel to the fire of the arguments I have set out above. As to the Build Reg issue my understanding is that this is more of a reactive liability than proactive. If a person is injured, or part of the building falls down and there is a complaint then the council would take action. In some cases the councils powers to take action are limited by time (depending ton the location and work involved)
I hope this helps and please rate me positively if i have helped. the question wont close and you can ask further questions later on on this subject if you think of them