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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5575
Experience:  Solicitor
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I currently lease a shop which is attached to a house my

Customer Question

Hi i currently lease a shop which is attached to a house my shop is used as a barbers. Now when i took shop i was on a year's lease and had use of house toilet and kitchen facilities however a few month into the lease the landlord in the house began to complain over the fact i flush his chain and use his water, and due to fact he kept entering shop 2 and 4times a day once it was shut (we have cctv) and he was turning things on and off and leaving front door unlocked we had a disagreement and he now locks door so we can not enter and use his facilities - so for last year i have had no toilet or sink facilities - i did sign a 2year lease in july and he promised me he would get facilities installed within a month, now his family are training to be barbers he refuses to talk about toilet just grabs his rent and shuts door, there is no ventilation in shop, extractor fan does not work and the exterior back door is in disrepair and made of chipboard - the lease he gave me was a housr rental and not commercial and even tho there is 2witness signatures on it there was nobody present when he gave me it and he wouldnt even discuss lease until the day it expired - he is now being rude to customers reading notices on shop window and im getting complaints - basically i want out - where do i stand?? Any advice apprecuated
Submitted: 25 days ago.
Category: Law
Expert:  Jamie-Law replied 25 days ago.

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

Does it say anything in the lease about these facilities or getting new ones?

Customer: replied 25 days ago.
No its just a standard household tenancy purchased from a stationery shop obviously bought in error instead of commercial lease i will add copy of the info
Expert:  Jamie-Law replied 25 days ago.

Ik, but yo be clear there are no toilet facilities in your barbers?

Customer: replied 25 days ago.
Nope and no sink or running water
Customer: replied 25 days ago.
He told me to use a caravan toilet or pay myself to get one installed which obviously im not prepared to pay to have building and drainage works to somebody elses property ?
Expert:  Jamie-Law replied 25 days ago.

Ok. Well clearly this is a breach of heath and safety law.
As such if he refuses you can give notice to leave for this breach of contract.

BUT and this is a big but - the longer you leave it, the harder it is to claim breach of contract.

That is because if its been breached and you continue, it may be said you have affirmed, or agreed the breach.

So if this is recent you need to move asap.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 25 days ago.
Hi so this lease was signed in july so if i contacted health and safety to come do an inspection do you think they would back my decision to leave? And do i need to give him a months notice in writing to leave premises and end tenancy?
Expert:  Jamie-Law replied 25 days ago.

Correct and no, no notice.

Does that clarify?

Customer: replied 25 days ago.
1 last thing a 400 deposit clearly stated on tenancy what happens with that? As im guessing he wont give me it back
Expert:  Jamie-Law replied 25 days ago.

No, but you can sue for that.
Does that clarify?

Jamie-Law and 3 other Law Specialists are ready to help you
Customer: replied 25 days ago.
Fab thank you
Customer: replied 15 days ago.
Hi would it possible you could send me a letter of advice to clarify what you have said and would it help the fact the lease is for a furnished house or flat and not a commercial property - would it be void or could they still hold me liable for rent? I am going to get an inspection from health and safety - if i could give landlord a letter stating that due to lack of amenities and breach of health and safety law i have been advised by solicitor i can leave the premises with immediate effect and can not be held liable for any further rent ??? I am currently looking for alternative premises but dont want to complete any paperwork to commit to anywhere else until im confident these cant hold me liable for rent here.
Expert:  Jamie-Law replied 15 days ago.

Sadly e are an online only service. You can come back here and see what I gave written, but I cant send you a letter.

Customer: replied 15 days ago.
Shame i have been to see a local solicitor this morning and it wasnt really his area of expertise but he seemed to think because i have signed lease even though it is wrong lease that i may be liable for rent unless health and safety shut the shop?? He told me to ask you for a letter of advice ?
Expert:  Jamie-Law replied 15 days ago.

Indeed. Sorry, but we are online.

Customer: replied 15 days ago.
are you confident i can leave on the basis given and that landlord has breached health and safety act?
Expert:  Jamie-Law replied 15 days ago.

Yes I am