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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice.
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Is there a requirement for a landlord to disclose major external

Resolved Question:

Is there a requirement for a landlord to disclose major external repair works to a property if the lease was signed within six months of these works starting.

Landlord is a large commercial / residential owner of the property. They are a LTD company.
Submitted: 3 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I am afraid there is no such requirement as such unless the tenant specifically asked the question about works happening.

However, if the works are interfering with the tenants occupation of the premises, then the tenant may have a claim against the landlord.

Can I assist further?
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do you mean that you have entered into a lease and the landlord has started major works within six months of you entering the property?

Did you ask the question specifically before you took on the lease?
Customer: replied 3 years ago.

Yes, that is correct.


 


Unfortunately, no we did not specifically ask the question. My feeling though was that the agent or landlord would have a duty to disclose given the disruption.

Expert:  Remus2004 replied 3 years ago.
Thanks.

Whether you are buying or leasing a property Caveat Emptor (buyer beware) applies.

That means that the seller or the landlord does not have to disclose anything to you that you have not asked regardless of what it is or whether it will affect your occupation purchase or enjoyment of the property.

However if you do asked the question he is under a duty to answer you honestly and if he fails to do so, he is in breach of contract or guilty of misrepresentation.

Under the normal Commercial Property Standard Enquiries there is a standard question which asks whether any works are proposed. However even if the answer to that is no, the works may not have been proposed at the time of taking out the lease.

If you had a solicitor and advise you on the lease it may be worthwhile finding out whether they made the Commercial Property Standard Enquiries and whether they had the replies back to this particular question and what that reply was.

Once you have that, you will be in a better position to know whether there is anything you can do about it either towards the landlord or against the solicitor.

If you did not have a solicitor but made your own enquiries and did not ask this specific question specifically, and I am afraid there is nothing you can do.

I am sorry if this is bad news.

Can I clarify anything for you?

Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70204
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you

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