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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I have recently signed a lease on 5 yr contract with 2.5 yr

Resolved Question:

I have recently signed a lease on 5 yr contract with 2.5 yr break clause. When viewing the property it was evident the roof needed some repair as was leaking which they verbally agreed to. I agreed to pay for an asbestos report( good will) but after 3 visits from contractors the estate agent who manages the unit has told me I will have to pay for these repairs- I am responsible for the up keep but surely not for repairs prior to my occupying the premises. There is also an issue with the electrics as they have just installed my electric meter into next doors unit which I have no legal access to. Are they in breach of contract? Regards Gary
Submitted: 12 months ago.
Category: Law
Customer: replied 12 months ago.
Please note this is a commercial property- thank you - Gary
Expert:  Jamie-Law replied 12 months ago.

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

Is it after the date you agreed to take the property on? Not when you signed the contract but the agreed lease start date?

Customer: replied 12 months ago.
The repairs to the roof were evident on my first viewing but became more obvious when it rained- the electrical issue was discussed before signing and they agreed to put a meter in my unit - obviously with costs in mind they took the easy and cheaper route leaving me no access an a new remnant can cut off my electricity at any time
Customer: replied 12 months ago.
Tennant
Expert:  Jamie-Law replied 12 months ago.

Ok - but was this after the start date of the tenancy? Is it a full repairing lease?

Customer: replied 12 months ago.
I am responsible for up keep -but I believe the property was sub standard and there for not fit for purpose?
Expert:  Jamie-Law replied 12 months ago.

Ok - but you had an opportunity to inspect before you signed.

Save for the roof, is that the only thing there is an issue with?

Customer: replied 12 months ago.
Also I do not have access to my electric meter or trip switches as they have fitted them next door
Expert:  Jamie-Law replied 12 months ago.

How come you didnt pick these things up when you inspected the property?

Customer: replied 12 months ago.
Unfortunately I trust people to be honest and true to their word- the guy who showed me around left the company soon after leaving me high and dry- But how can it be a legal contract when I do not have access to electric meter readings- Regards Gary
Expert:  Jamie-Law replied 12 months ago.

Yes it is legal to have a contract when you dont have access to meter readings.

However it may be breach of contract in terms of the roof. This is because they verbally agreed. You should have gotten them to confirm this in writing because sadly I am sure they are going to deny that conversation took place.

However they are in breach of contract because of the roof and you can end your contract on that basis.

But in reality you should have inspected the property thoroughly before you wanted to rent it and make sure any works done were put in writing or in the lease.
But they are in breach of contract and you can end it.
Can I clarify anything for you about this today please?

Customer: replied 12 months ago.
Thank you for your help- if they are in breach due to condition of roof that's good but really the premises is ideal and in the long term I am honest and geniune and wanting a long term relationship with the land lord so would have though instead of trying to make me pay he would look at the much larger picture as a happy tenant is a long term tennant- many thanks again for your help -thank you. Gary
Expert:  Jamie-Law replied 12 months ago.

Happy to help Gary. If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

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