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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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I am looking for some advice with regard to my commercial

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Hi I am looking for some advice with regard to my commercial lease, I am a leasing a bar and restaurant and have questions regarding my rights regarding repairs, maintenance and responsibilities both in law and within the lease
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Cambridge UK
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: The lease is over 15 years and clauses relating to repairs but I am unsure of the meaning and I have issue with parts of the building that is unsafe and not habitable despite me paying rent for them. I have had the lease for 2 years
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that is about it

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Whaty does your lease say? Is it full repairing?

Customer: replied 2 months ago.
Hi Jamie, Thank you for coming back to me. below is the background and where I want to get to by means of knowing my rights, BackgroundThe lease was acquired in October 2017 for a 3 storey building used and licensed as a bar and restaurant. The property had been vacated by the previous lessee for non payment of rent to the landlords. The building was in a state of disrepair with the clients having no records of works previous being undertaken.I occupied the ground floor only and at significant expense converted and upgraded the business to be a fully working and operational bar, kitchen and restaurant. These works included a full re wire and plumb to the ground floor.I have been paying full rent for the premises since this time but have not been able to occupy the upper floors due to their poor state and expense required to bring the building into a safe and habitable status before I can convert and occupy to extend my retail space. Given the current issues within hospitality I am trying to utilise as much space within the premises of which I am leasing and would like to understand my rights in line with the current lease.QuestionsFor me to occupy a building, is it within the law for the landlord to provide a structurally safe building considering fire, electricity and plumbing ?Within the lease what is the responsibility of the landlord with regard to the building and repairs and what are considered my responsibility and the lessee ?Given the poor state of the building and within the realms of the law and this lease would be the business be entitled to a rent rebate / review due to the fact that 43% of the space is unsafe and inhabitable ?Would the fact that I have operated within the business for 2 years have any impact on responsibility for the works ?With the realms of law and this lease am I able to demand works to be completed to make the building safe / habitable ? If so what works would be permitted to be requested ?
attached is the lease also Regards, David

Is it a full repairing lease?

Customer: replied 2 months ago.
No I dont believe it is

Did you have a survey when you moved in or before you moved in?

Customer: replied 2 months ago.
No we did not

Did you inspect before you leased?

Customer: replied 2 months ago.
have a few pictures. The landlord was with us and knew the state of the building. They agreed a rent free period whilst we did some of the downstairs works and a further £4k discount. The total we received as a discount was £16k in total, The install downstairs equated to £114k in total.

Ok - so you had a discount knowing the condition?

Customer: replied 2 months ago.
For the ground floor works only . it is the 2 upper floors that are in disrepair, the condition of the issues are rotten windows, no electricity, broken plumbing, walls falling down, no fire protection rotten floor boards. My question being that these issues are not aesthetic issues they are significant building fabric issues of which I ask to confirm that are these the responsibility of the owner. I do not see it in the lease that I am responsible for the major repairs to the owners building.

So I assume you inspected and took it on, knowing what it was like?

Customer: replied 2 months ago.
we inspected and agreed to complete the cosmetic works of which I have done. This is the part in the lease relating to repairs The Tenant shall put and keep the Property clean and tidy and in good repair and condition and shall ensure that any Service Media within and exclusively serving the Property are kept in good working order
24.2 The Tenant shall not be liable to repair the Property to the extent that any disrepair has been caused by an Insured Risk unless and to the extent that:-
(a) the policy of insurance of the Property has been vitiated or any insurance proceeds withheld in consequence of any act or omission of the Tenant any undertenant or their respective workers contractors or agents or any person on the Property with the actual or implied authority of any of them;

Was there a schedule of dilapidations when you moved in?

Customer: replied 2 months ago.
No, a list of works were issued to what we had completed in the downstairs area and notification that no electricity or utilities were in place. I have a health and safety consultant completing a report listing the significant issues with the fabric of the building. I had been told that it is the landlords responsibility to provide a safe and habitable building of which they have not and it should be made safe in order to that I can complete the aesthetic works to operate

Ok - are they refusing to complete these works?

Customer: replied 2 months ago.
I haven't asked yet and wanted in law to understand my rights and position .

Ok - if its not safe and the lease does not say you are liable then the Landlord is.

As such you can ask that the works are done. If they refuse you can go to Court.

You can seek an injunction to get the works done.

But unless its a full repairing lease then the Landlord is liable.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you for your help, very much appreciated

Pleasure