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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a landlord commercial premises did not disclosed current

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If a landlord for a commercial premises did not disclosed current water ingress problem of a building and he was made aware that a dry building was needed for the purpose of self storage facility, Do I have realistic grounds for cancelling the lease in a small claims courtprior to signing a lease
Hello my name is ***** ***** I will help you with this.
When did you sign and when did you find out please?
Customer: replied 2 years ago.

signed in July 2015 but did not commence the lease until Sept 25th. Two days after receiving the keys and following a wet week end) the floor was flooded.

Did he know the purpose of the lease and that it was going to be used for storage?
Customer: replied 2 years ago.

Yes. From day one. I explained I wanted dry premises.

Also we corresponded by email prior to signing and my email address is self explanotory.


Sadly it has to be by this site.
The landlord new about the water problem but didnt disclose it, have I understood?
Customer: replied 2 years ago.


Ok. Then you can consider this to be a fundamental breach of contract. This is where representations are made, or in this case not made when they should have been. This destroys the very essence of the contract and there would be no point having the unit if it leaks.
As such you can terminate it and claim your money back.
You need to 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.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at:  or by completing form N1 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 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 for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

The next rent is due on 1st November. If I write to the landlord prior to this date, am I within my rights to withhold the payment of future rents.

If you do that you can be evicted. You need to move out and claim breach of contract. Then you can withhold payment.
Does that clarify?
Customer: replied 2 years ago.

Do I understand correctly?

You are telling me to pay the rent and move out voluntarily.

If I do that, I think he will try to claim the money

from the guarantor. and I do not want to make problems for him

Yea but it's a fundamental breach of contract. You can terminate now but if you withhold rent he can repossess the property and everything in it,
Does that clarify?
Ash and other Law Specialists are ready to help you

I am just following up to see if there is anything else I can help with?

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