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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28947
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a commercial tenant who has 4 signs on the front of

Customer Question

Hello, I have a commercial tenant who has 4 signs on the front of his shop. All with the same telephone no. His lease allows a sign. He is 8 years in on his lease. It doesn't look very good. Do I have a right to ask him to reduce from 4 large signs to one.
Submitted: 12 days ago.
Category: Property Law
Expert:  Joshua replied 12 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

  1. May I confirm what provision is made in the lease in this respect please? Do you have the exact wording available?
  2. are the signs displayed on the outside of his shop or the inside?
Customer: replied 12 days ago.
Hello Joshua, I will come back to you with the exact wording
Expert:  Joshua replied 12 days ago.

Many thanks

Customer: replied 11 days ago.
Hello Joshua, The wording in the lease is as folows:
Signs 10.1 The tenant will not display any notice or sign popster or advertisment on the exterior of or which is visible from outside the premises except to indicate the name and business of the tenant in a manner first approved by the landlord.
My response. Is that this is fine, but please see photo attached
Expert:  Joshua replied 11 days ago.

Thank you. based upon what you say, the signage would appear to contravene the covenant within the lease, but also, it would appear to contravene deemed consent under class 2(B) of Part 2 of The Town and Country Planning (Control of Advertisements) (England) Regulations and accordingly would fall for planning permission. Accordingly, potentially an initial step you could consider taking in order to avoid getting directly involved would be to make a report to the local authority's planning enforcment team and ask them to the above planning regulations against the tenant.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/11499/326679.pdf

(see class 2(b) page 12)

If they are slow to refuse to take action, then you could consider a notice been served on the tenant notifying him of breach of covenant under the lease and requiring them to remedy the breach. From there could you take steps such as court application or forfeiture (remembering that in the case of the latter, the right to rent would cease following forfeiture) so this may not be an appropriate action

Customer: replied 11 days ago.
Thankyou joshua, Please see the consumer unit in the property. This hasnt been updated or changed for over 20 years. I have told the tenant to replace it but its not happening. What should I do.
Expert:  Joshua replied 11 days ago.

Is the lease a fully repairing lease?

Customer: replied 11 days ago.
it is
Expert:  Joshua replied 11 days ago.

Thank you. There will therefore presumably be a provision in the lease that the tenant must keep in good and substantial repair (or possibly just "in repair") among other things the electrics. It is common for such a provision just refer to the premises as opposed to individual elements. Providing the electrics are not excluded, then to the extent you can demonstrate that they are not in repair (e.g. because they are outdated or dangerous) then you can serve the tenant notice that they must replace the electrics or obtain an electrical certificate to certify their safety as the existing installation could amount to a fire risk.

Customer: replied 11 days ago.
Thankyou. So it’s the tenants obligation (assuming in the lease) and at his cost.
Expert:  Joshua replied 11 days ago.

providing it is a fully repairing lease as you say, and the electrics are not excluded from the repairing obligations

Customer: replied 8 days ago.
Hello Joshua, are you able to take a question