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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.
Thank you for the above. Again do you happen to have a copy of the agreement available to upload?
Thank you. I do but I am not permitted to exchange personal contact information. The upload facility should provide you with an option to upload a PDF? alternatively, it is possible to contact customer services and email them a copy of the document for them to forward to me. This usually takes a number of hours but it is an alternative. otherwise, I am happy to deal with the above based on the extracts you provide - it just occurred to me that I may be missing something without sight of the actual document. please let me know how you prefer to proceed
sadly I have not yet. For some reason these documents do sometimes take a while to come through. As I think I have mentioned, it is not critical that I have this document and accordingly, if you are a patient for a response, I can likely deal with the matter relatively comprehensively based on the extracts you have kindly provided. It was just a thought in terms of having the entire document in case there was anything missing which I otherwise would not know about, mentioned in the assumption it would be a simple matter for you to upload the document. Please let me know if you prefer to proceed on the basis of the extracts you have provided which it is quite possible the document will add little or nothing to.
thank you. Based upon what you say, the tenant is conveniently choosing to read clause 7.3.4 in isolation of the remainder of the terms of the lease which of course it is not. Clause 7.3.4 does not operate as a blanket indemnity as the tenant appears to hope. Rather, it must be read in conjunction with clause 7.3.2 which provides that the tenant has an obligation to repair and reinstate any damage that has been caused safer wear and tear [PROVIDED THAT] in other words "subject that other than the obligations contained in clause 7.3.4", they will not have to redecorate but I do not see anything here that absolves them of the need to repair decor that has been damaged.
in addition, I would imagine there would be another clause in the agreement provided that no alterations should be carried out without your permission is landlord and the repainting of different colours of certain rooms would amount to an alteration which would be a breach of any such clause that exists in this respect which again would in my view give rise to an obligation to reinstate the original paint colours despite clause 7.3.4.
It is not entirely clear to me why it was agreed that 7.3.4 should be in the agreement as this would appear to give them some degree of latitude in respect at least to furniture, floor coverings and White Goods as the clause. it may be that there is some correspondence that adds context to why this clause was agreed which may help interpretation.
Thank you. Would I be correct to assume the tenant prepared this lease for you to sign?
thank you for clarifying, but we are "in tune" on that point - I am more than familiar with contractual tenancies and their role and purpose in such scenarios. As you rightly so, when I refer to the tenant, I am referring to the tenant company that leased and in turn sub let. I assumed it had been prepared by them as what they appear to have done is taken a relatively standard contractual tenancy precedent and then added some additional provisions which no doubt they felt suited them. However the drafting is a little clumsy in my view.
somewhat extraordinary, I cannot see any restriction on internal alterations. The alteration causes limited to external alterations and accordingly, my comments in relation to the able to rely upon alteration clause most likely does not apply. The balance of the above remains. My view is you have an argument in relation to the decor damage on the above basis that damages should be repaired and restored. in respect of any doubts as regards ***** ***** this respect, you will also have the benefit of the "contra proferentem" which is a rule imposed by courts which interpret any doubts against the party that draft of the agreement.
In addition, to go alongside interpretation, you can present any evidence that was provided to you though of course if such evidence was only provided verbally, this is your word against theirs though you can still make a statement in this regard, I do not think it would be terribly difficult to convince a judge that it was not your intention to rent property which tenant then had the right to trash and return to you without liability. Few property owners would knowingly rent on those terms.
Sorry those have not shown up in my list - this is probably because you have not posted a reply back to them, but I will be going through all uncompleted questions shortly so will pick them up as part of that process and reply back to you on them so please do not trouble yourself to reply specifically.
I hope the above is of some assistance but if you have any further questions, please revert to me.
I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.
Thank you again for visiting JustAnswer and see you again in the future I hope.