Legal translation needed - any advice out there?

Sez_Blake

I am trying to renew a lease, as my Dad is an elderly landlord of a commercial office. This has been occupied by the same firm of solicitors for literally decades. There is a section in their lease, about to be renewed, that I think refers to their obligation re repair costs etc, but I know they have NEVER paid, nor been asked to pay, any contribution towards any buildings insurance nor external repairs. I feel that, for the next renewal I will insist on some sort of percentage fee towards such costs, however there is a clause in the current lease that seems to suggest this request has already been made, if not enforced! If I type part of this paragraph, woujld you tell me if I am correct or not, please?

"Also yeilding and payinby during said term by way of further rent a yearly sum equal to one moiety (Half, I think??) of the sum which the Landlord shall from time to time pay by way of premium for keeping said premises insured against loss or damage by fire in such sum as the Landlord deem to be adequate and such yearly sum shall be equal to Six Pounds per cent per annum upon all monies which the Landlord may from time to time expend or may repay to any planning or other local or public authority in or in connection with the execution of works of any description in or connected with the demised premises or any alterations or additions thereto made made or required by or in connection with the Town and Country Planning Act 1971 such last rent mentioned rent to commence and be payable from the quarter day next after such monies or expenses shall have been so expended or repaid and to continue during the residue of said term Any necessary appointment of said rents shall be upon a quarterly basis"

Phew! I think I typed it accurately! If you are still awake, and can advise as to the meaning I would be very grateful. Basically I want to know what the current says, and if I can charge them a proportion of insurance and building costs without a major change in their terms!!!

thanks

Sarah:D

Fire_Fox

Welcome! ) You really need to take legal advice on this, its vital you get it right or you will be out of pocket - you are letting to solicitors after all! Most of us here have no legal qualifications, in any case this is a board for housing issues and you are asking about a commercial lease. I rather suspect the tenants don't have to pay anything if the landlord does not serve the correct notices/ invoices, this is certainly the case in residential leasehold.

G_M

Firstly I agree with Fire Fox - the opinions /advice of people here is not enough. Instruct a solicitor.

Even if Richard responds (he iS a solicitor), my advice would be the same, since he would need the entire document to ensure no contradictions etc in other clauses - and you cannot expect him to review an entire lease free of charge.

Having said that, I also suspect that for the renewal, you can change/improve the terms as you wish. Basically a new lease starts with a blank sheet. You draft whatever you want, including new rent, new terms, new obligations, and offer it.

They either agree, or refuse and leave, or, more likely, negotiate with suggested amendments until you reach a compromise which both parties are happy with.

Again - you need a solicitor.

As for demanding payment for previous contributions towards insurance etc - forget it.