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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I rent a 2 commercial units private. The tenants next door

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Hi
I rent a 2 commercial units private.
The tenants next door decided they were moving out and I decided I wanted to take the unit on ( hence 2nd unit) . The unit was of very bad structural order but the Land lady refused to do it. She said if we wanted it we would have to sort it out. So we took building back to ground as all the foundations were in a very very bad state, the floors were bad with rats also. When we were given the keys to the build she had not drawn the contract up, shortly after was diagnosed with cancer. We have given her every opportunity to come and see the state of the place she said she couldn't. I sent her photos of the state of the unit. Last week we got a contact which was totally unreasonable . I asked her to just pay for the structural repair of the building including workers. I have spent 5k plus but I'm only asking her for 1.5k and she's refusing. She is also moaning about the boundary of our building, which from the front door to the fence it's 12 ft. She is reluctant to pay for anything, the garden is a state front and back but we have made our unit and the outer area a business people will be proud to use. I know I should have got this contract but due to the cancer issue she put it off. She even wants rent paid from the time we walked in the building, so all the time workers were doing it she wants paying for

Hello my name is ***** ***** I will help you.

Why did you do work without a contract?

Customer: replied 1 year ago.
We were given the keys and had verbally agreed to work are the unit on as it's next door to ours .We have the other unit and everything has been fine

You need to write and set out your losses and request a payment towards the repair 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 pay 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/n1-eng.pdf 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 1 year ago.
I would like to know our rights

You dont have to pay rent, that was not agreed.

But you have a right to get some money back - its the Landlords property and you have gone all to that time and effort.

You deserve to be compensated for this.

Does that clarify?

Customer: replied 1 year ago.
What about the boundary. So our building has a front we have maintained etc and we have placed a picket 3 standing fence 12 ft from the front door and she has mention this in her letter. Is there an area by law outside the front of our business that we can call our own

Sadly no - not unless its on your deeds.

Does that clarify?

Customer: replied 1 year ago.
Thanks anywayI can't say it's anymore than I thought

I have spent some time looking at the rules etc and sadly I can only tell you what the law is.

All the best. If this answers your question could I invite you to rate my answer, 5 stars the happy face before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

You have rated POOR SERVICE which effects my personal standing on the site.

I have given you the legal answer together with what you need to do and steps to take.

What else do you want to know?

Customer: replied 1 year ago.
It appeared to me in your replies that you wanted to get your answer over quickly. By keep repeating does this clarify . The situation is quite complex as there a s few issues . I ask where I stood legally, your reply get all the costing and go to small claim court . Like I said nothing I did not already know. I wanted to know what her responsibilities were to her property what was and is she liable for and the same with us .

I need to make sure that it does clarify.

If you say no, then I can expand and make it clearer. But I always asks if it clarifies if can you do not understand.

That way, I know that you do.

Like I said nothing I did not already know - that does not mean the answer is wrong in law. One could say I have been through a red light, am I in trouble. I could say yes, because the law says you cant go through a red light and the person might come back and say, well I knew that. It does not mean the answer is wrong or incorrect.

I wanted to know what her responsibilities were to her property what was and is she liable for and the same with us:

The responsibilities are as detailed in the lease. It sets out each parties rights and obligations. In absence of this it has to be implied by a Court. What were the intentions of the parties? Was it to create a legal relationship and lease.

Here clearly the answer is yes, because she allowed you to do the work. Not to contribute to the work is not equitable and not fair. That is how it will be judged.

Does that clarify?

Customer: replied 1 year ago.
Ok now that's clearer. she herself handed me the key and knew we were going to repair it . She was given photos by text and asked in few occasions to come see the state of it but did so only once. The work was done properly but with as little budget as needed .i haven't asked for any cosmetic work cost just structural.actually prob best to show you how it was . Infested with rats, bees nest as well as wasps . ) she does not agree with spending money and will only contribute 1200 when I've ask for contribution of 1500. She has even charged us rent for the period the work was going in. I've asked for contract with a rental period in it so we know we have not put money into something then get told we must move out in 6 moths on a few occasions but keep being told due to health problems it cannot be done at the moment . We've no contract

Clearly taking on a property with such dilapidations you would expect the Landlord to contribute.

They can only get you to move out with a Court order.

Does that clarify?

Customer: replied 1 year ago.
thank you

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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