How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

We are renting a restaurant that was flooded on Dec 5th, this

Customer Question

We are renting a restaurant that was flooded on Dec 5th, this has put the toilets out of action thus we can no longer operate as a sit in venue, we can now only offer take away which is not bringing in enough revenue to pay the rent. The land lord visited two months after the flood and has since reduced the rent by £300 per month which is still not enough as he has done nothing to reinstate the toilets.
Have we got a case that the building is not fit for purpose?
Regards Ian
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thanks for your question. Can I see your lease please?
Customer: replied 2 years ago.
No problem please see attached
Customer: replied 2 years ago.
Just to add: Page 8 of the lease under 'works to function suite' 'service the heating/ventilation systems and leave in good working order' was never completed despite continued promises that there was a company in line to carry out works and much chasing on our part. This has caused us major hassle with having to climb ladders up 2 floors each time the system needs switched on/off or the the system trips.
Expert:  JGM replied 2 years ago.
The landlord is of course in breach of the lease for any works that were to be done under the lease which haven't been done. That is a separate issue from the flood. In terms of the lease the tenant is responsible for the interior of the premises and to maintain and repair and reinstate. That is called an interior repairing lease, with the landlord being responsible only for the exterior of the premises. You don't say how the flood happened but the landlord would be responsible to the extent that he holds the buildings insurance and the extent to which a claim has to be made on that policy to make good the damage. The tenant is responsible under the lease for interior repairs. Your course of action is to insist that the landlord submits an insurance claim. If he doesn't then you can raise proceedings for breach of contract under the lease. Happy to discuss further.