How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

Mechanic leasing a small property, installed all power supplies

Resolved Question:

Mechanic leasing a small property, installed all power supplies and fitted insulation etc himself. Due to a leak in the roof since April 2013 all fittings have been ruined, landlord promises to fix leak but still has not. Tenant been in property for 20 years on verbal agreement but only on lease since June 2013. Tenant so frustrated he has stopped paying rent last week. What can happen next
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Are you the Landlord or tenant please?

Customer: We are the tenant
Alex Watts : Does the lease allow for set off or deduction?
Customer: No, unfortunatelynot
Alex Watts :

Its bad news then I am afraid. If you do short or do not pay you will be in breach of the lease and could be evicted.

Alex Watts :

As you are a commercial tenant even if you are 1 day late bailiffs can take possession of the property.

Alex Watts :

They do not even need a Court Order to do this - so you need to be very careful.

Alex Watts :

What you can do is get a number of quotes to put the work right this will form your loss

Alex Watts :

You need to write and set out your losses and request the Landlord fixes it or pays you the loss sum within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not then you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Ash and other Property Law Specialists are ready to help you

Related Property Law Questions