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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10092
Experience:  30 years as a practising solicitor.
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We are renting a restaurant that was flooded on Dec 5th, this

Customer Question

We are renting a restaurant that was flooded on Dec 5th, this has put the toilets out of action thus we can no longer operate as a sit in venue, we can now only offer take away which is not bringing in enough revenue to pay the rent. The land lord visited two months after the flood and has since reduced the rent by £300 per month which is still not enough as he has done nothing to reinstate the toilets.
Have we got a case that the building is not fit for purpose?
Regards Ian
Submitted: 9 months ago.
Category: Scots Law
Expert:  JGM replied 9 months ago.
Thanks for your question. Can I see your lease please?
Customer: replied 9 months ago.
No problem please see attached
Customer: replied 9 months ago.
Just to add: Page 8 of the lease under 'works to function suite' 'service the heating/ventilation systems and leave in good working order' was never completed despite continued promises that there was a company in line to carry out works and much chasing on our part. This has caused us major hassle with having to climb ladders up 2 floors each time the system needs switched on/off or the the system trips.
Expert:  JGM replied 9 months ago.
The landlord is of course in breach of the lease for any works that were to be done under the lease which haven't been done. That is a separate issue from the flood. In terms of the lease the tenant is responsible for the interior of the premises and to maintain and repair and reinstate. That is called an interior repairing lease, with the landlord being responsible only for the exterior of the premises. You don't say how the flood happened but the landlord would be responsible to the extent that he holds the buildings insurance and the extent to which a claim has to be made on that policy to make good the damage. The tenant is responsible under the lease for interior repairs. Your course of action is to insist that the landlord submits an insurance claim. If he doesn't then you can raise proceedings for breach of contract under the lease. Happy to discuss further.

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