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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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My daughter rents a commercial property in Edinburgh from the

Customer Question

My daughter rents a commercial property in Edinburgh from the council. There are flats above. Rendering fell off the building facade from four floors up. My daughter alerted the council (She now wishes she hadn't bothered) They put up shallow scaffolding which stood there for a year. The next step was the council decided to renovate the complete frontage of the building. Two tenants prior to purchasing checked with surveyors who said rendering was done about 5 years previous and nothing needed doing to the building.Result now very unhappy tenants. However the costing for each tenant was last believed to be £17,000 from each tenant. My daughter had only been renting for approx 2 years prior, from the council. Is the council not responsible for repairing the fabrication of the building to keep it water tight etc.. Private tenants have an investment in their property whereas my daughter is only renting. Only a small patch
about 12 inches long from the shop facade of the shop required fixing. Will she be liable for the £17,000 ? It will put her out of business and put three people out of jobs.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

What kind of lease does your daughter have? If it is a full repairing and insuring lease then she is responsible for her share of repairs to the building. The lease may also govern the manner in which the repairs are to be identified if there is disagreement as to what is necessary and what is not.

A lease is a matter of contract, therefore your daughter's responsibilities as a tenant are contained in the lease.

If you can let me know what the lease says, perhaps by scanning it to [email protected] and asking that they forward it to me I am happy to look at it for you.

I hope this helps. Please leave a positive response so that I am credited for my time.