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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently entered into a lease agreement shop with flat

Resolved Question:

I recently entered into a lease agreement shop with flat above. I am now in the process of asigning the lease to another party, which the landlord is in agreement, however he is stating that I need to provide a 5 year electrical certificate as a condition of the assignment. should he have provided me with one when we enterd the agreement originally?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

please let me know whether it was a full repairing lease?

Customer:

yes

Alex Watts :

Ok, then no sadly it was not a requirement.

Alex Watts :

as it is full repairing you are responsible

Alex Watts :

I am sorry if this is not the answer you wanted and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

However unless the agreement says otherwise (and I assume you have permission to assign), you should not have to need a certificate.

Alex Watts :

Only if the lease specifies this should you be required to get one

Alex Watts :

Can I clarify anything about this today please?

Customer:

so a landlord can let aproperty that is electrically unsafe?

Alex Watts :

Domestic certainly not. But as lease its full repairing so you are responsible

Alex Watts :

You take it on 'as is'

Customer:

the flat was already being let to tenants by the landlord before we took on lease and we inherited the tenants, but surely they were in an unsafe property

Alex Watts :

I don't know. But that would be a matter between the old tenants and the old Landlord.

Alex Watts :

If you are taking on a full repairing lease then its your responsibility to satisfy yourself as to the condition of the property.

Alex Watts :

In any event unless the lease says on assignment you need an electrical test then you can't be forced to

Alex Watts :

You have rated poor service?

Alex Watts :

What else would you like to know? Remember I can only give you the legal answer.

Alex Watts :

I can outline the steps if you want to try and recover back the cost of having the test done from the Landlord if you wish?

Alex Watts :

As I said unless the lease says you need to have a test then I can't see how the Landlord can make you?

Customer:

I find it difficult to understand that a landlord can let a property that is unsafe and pass on the responsibility to a an innoccent party

Alex Watts :

Let me outline the te

Customer:

and yes to your last reply

Alex Watts :

the steps to claim the costs back

Alex Watts :

You need to get 3 quotes the work done, this forms your loss. You then need write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund 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.

Alex Watts :

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.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .

Alex Watts :

Can I clarify anything about this today please?

Ash and 2 other Property Law Specialists are ready to help you