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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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2 tiered question: I lease a business premises. The contract

Customer Question

2 tiered question:
I lease a business premises. The contract has not been renewed as the landlord didn't ever present a new one, it expired 18mths ago.
The property is in a mess - leaks, black mould, fungus the landlord is aware of the situation but not getting anything down about it. He did say that he would be handing it all over to an agency before christmas but nothing has come of that - I requested contact details of the agency but he would not give me any.
Can you advice me as to where i stand with regards ***** ***** holding rent, giving my notice on giving up the premises & reclaiming my deposit?
Secondly - Following a period of illness last summer, the landlord agreed to receive no rent for period of 3 mths until i was well enough to work again, the agreement being that once the wedding season resumed (I am a photographer), I would pay him back in a few lump sums - he has since used this against me - saying that as i owe him I shouldn't be hassling him to sort the damage out at the property… Wondering where i stand on that too please… all and any advice most appreciated.
Regards, Lucy.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
Did the old agreement have a right to renew?
Alex
Customer: replied 10 months ago.
It doesn't state that anywhere.
Closest relevant entry is: This lease starts on the commencement date and will remain in force for the term or until it is terminated by virtue of this lease…
Expert:  Ash replied 10 months ago.
Did it say you were allowed to withhold rent anywhere?
Alex
Customer: replied 10 months ago.
Abatement of rent:
the rent shall be suspended if:
- at any time the property is destroyed or damaged;
- and the destruction or damage was not caused by the tenant;
- and the property is not rebuilt or restored with twelve months after the happening of the damage or destruction.If the property is not wholly destroyed or damages and remains in part reasonably inhabitable or fit for use, a fair percentage and not the whole of the rent shall be suspended according to the nature and extant of the damage.If there is any dispute about the period of suspension of the rent it shall be referred to arbitration under the provision of the arbitration act 1996
Expert:  Ash replied 10 months ago.
If you withhold rent you can be evicted. This can happen without a court order, you can just turn up and locks are changed, therefore I wouldn't suggest it.
But you can give notice, leave and claim your deposit back, you could then also sue for breach of contract and claim some rent back. But you can't withhold it.
He can't use the rent free period not to do repairs, that is nothing to do with it and he can't hold it again you.
Can I clarify anything for you about this today please?
Alex
Customer: replied 10 months ago.
I am intending on leasing a new property as this situation doesn't look like it's going to be resolved. So you suggest that I give notice - it states in the 'expired' contract that 2 months notice be given - I am not willing to stay here for another two months - with the building in the state that it's in… it looks unprofessional, it poses a health risk and it smells! I carried out all the internal improvements when I took on the place - carpets, plaster work, paint etc… i am gutted to see it all get damaged by leaks and lack of external care.
The fact that the lease has not been renewed - how does that impact on my giving notice?
Expert:  Ash replied 10 months ago.
Indeed. If you pay monthly you know need to give a month. If it's weekly then it's a week etc.
The notice only depends on how often you pay rent.
Does that clarify?
Alex
Customer: replied 10 months ago.
Ok - so I pay rent monthly - so a month's notice and then I will get my deposit returned - providing the property is left as found?
With regards ***** ***** the missed months (illness) - nothing was drawn up - will it be therefore down to my good will to repay.
Expert:  Ash replied 10 months ago.
Correct.
Alex
Customer: replied 10 months ago.
Thanks for your help - So I am still somehow contractually obliged to give one months notice despite the contract not being officially renewed right?
Before I leave my feedback - where would I stand on requesting some form of compensation for the damage caused to the walls, carpets etc…
Expert:  Ash replied 10 months ago.
Correct. Compensation you can still sue for - because this is THEIR breach of contract.
Does that clarify?
Alex
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.
If you don't rate then the site does not pay me for the time I have spent answering your question.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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