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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice.
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Hi Jo, I hope your are well. I have a couple of follow-on

Resolved Question:

Hi Jo, I hope your are well.
I have a couple of follow-on questions regarding the commercial lease issue you helped me with a couple of weeks ago.
After considering your comments, we decided to offer the landlord access to our premises next week as long as she agreed to certain terms: 1) she does not undertake any further electrical inspection or work in the loft; 2) she does not hold us liable for the cost of any works that she decides to undertake to resolve the pre-existing problems; 3) any works deemed necessary by her will not be undertaken until after December 14th, which is our crucial deadline for product testing; 4) in future, non-emergency access to the premises will be limited to six-monthly events.
We believe we have good cause to impose the above terms as a condition of entry. It's long-winded so I won't elaborate unless you want me to.
The landlord's solicitor is now claiming that we have agreed entry and the landlord will charge us for any damage that has occurred as a result of the delay in allowing access. This, quite frankly, is ridiculous; the issues have been in existence for at least 10 years with no detirment to the building.
We have replied to the solicitors advising that we have not allowed access as their client has not accepted our terms.
My questions are:-
Can the landlord legally force entry (for example by damaging locks) without our consent?
If her solicitor decides to seek an injunction, would we have to be notified by the courts so that we could present our position?
Thanks,
Andy
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
The landlord can only force entry in an emergency. To do so except in an emergency and without a court order (except if you are in arrears of rent) is a breach of the terms of the lease.
You are only responsible for any increase in damage as a result of any delays.
If for example there is a water leak which causes more damage because of the delay you would be responsible for the extra damage.
The solicitors acting for the landlady should advise you if they are going to make the application for an injunction. If they get the application granted, they will get costs awarded against you in most cases. The courts will only notify you of any hearing if it's not made on an emergency basis.
I cannot see that this is an emergency matter although that depends on how the application is made to the court.
My suggestion would be to allow one access immediately for inspection and any other accessed subject to your terms.
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