Full Repair Lease Issues - Any knowledge

Ricardosh

Will try and keep this as short as possible. Basically wondering if any one had any knowledge of Full Repair Leases.

Former business partner asked me to go into business with him. I was currently online only and thought the shop was ideal as the rent was cheaper than my home and had an attac hed house (bigger). So I paid all fees etc after viewing and asking if any known problems (due to full repair lease).

After fitting out the shop (at some expense trust me) it came to the living quarters and thats when we realised there was issues. The Boiler which is probably older than me would fire up and produce hot water but no heating. However this was short lived as there are electrical issues in the kitchen.

I raised these to landlord who simply said "Full Repair lease enjoy". My argument was that surely if full repair lease then any issues should be noted or at least mentioned before signing (especially as i asked them).

Any how this all started in July, since then my partner (business) was pushed out by myself as not helping with costs. I had to pay to have my name put on the lease (despite numerous mistakes on the lease i.e completley wrong postcode, mis-spelt names and incorrect addresses) and when i have raised the issue again (after all how cold was I over winter (still no hot water or heating to date) they are stating I should not have added my name to the lease if i had issues and will not entertain the fact that they lied about there not being any major repairs needed.

They have simply said move out if you dont like it (property, issue with repairs and errors on lease) however after moving from my previous home fitting out the shop and being left in the lurch with bills I simply cannot afford to move out.

So i have to pay my rent (plus building insurance to landlord) and have now been quoted THOUSANDS to fix just the electrics and heating.

N79

Since they have offered to terminate the lease - that would seem to be your best option. Your only other choice is to carry out the repairs or live with the current problems.

I know that this is not much use but next time, get your own survey done on the condition of the property if you have any doubts or try to negotiate a partial repairing obligation for your next LL. Unfortunately the costs of proving any culpability of the LL will be high and the task extremely difficult as, presumably, your tenancy makes you responsible for verifying the condition of the flat and, no doubt, your LL's assurances were verbal. I'm not defending them, but this is the unfortunate reality of the situation.

For others reading this with an interest in history, this (letting dodgy properties on tenancies with repairing obligations, then forcing the Ts to fix the problems followed by evicting them to raise the rents) was exactly what Rachman (and others) did that lead to their name being equated to manure and means that there are now protections in place for residential tenancies. However, these protections do not apply to commercial tenancies.

daveyjp

Unfortunately OP you have just started the unit in the University of Life entitled - Act in Haste, Repent at Leisure.

Landlords lie - fact. So you need to check everything yourself, especially if you are responsible for repairing the property.

This is a very complicated situation and you need professional advice asap as it can't be answered over a web forum.

I suggest you find a local surveyor who has knowledge of the Landlord and Tenant Act relating to COMMERCIAL properties.

Vincenzo

A full repairing lease would normally only require you to return the property in the state in which you were given it. Therefore you are probably not required to repair the boiler/electrics, however this is of little use if you need heating during the term of the lease!

There will also be the issue of proving the state of the property when you took occupation.

I think it is too late to force the Landlord to do anything and you may well have a fight on your hands at the end of the lease with regard to dilapidations.

If you plan to stay for some time, I suggest you find some reasonable tradesmen to get the work done at a good price and put it down to experience.

Annisele

You might be better off posting over on LandlordZone - they have a subforum specifically for commercial property issues.

I agree with N79: on the little we know, terminating the lease sounds as though it's by far the best option (so long as you can agree that your LL won't make any charges when you leave the property).

I know you say you can't afford to move - but presumably you also can't afford the thousands you've been quoted to fix the electrics and the heating.

It's a commercial lease, so the usual protections you get as a consumer don't apply. In a business to business transaction, if you want issues noted before signing, you have to make sure they've been noted - which is why it's often recommended that you get a survey done and take legal advice before signing up for an FRI lease.

bris

The repairs belong to you, a full repairing lease means exactly that, as soon as you agree and sign the lease the problems are yours from day one unless there is explicit terms in the lease for problems before you took over. If this is not the case then getting out the lease is a God send as this is normaly very hard to do. I have had some nightmares getting out of commercial leases in the past. The usual way of doing it is to buy your way out or find a new tenant, if your getting out free then take up the offer and run.