Problems with letting agent and certificates

samson1313

We recently took the lease on a small nightclub/bar.

the lease agreement states that it is to be used for this purpose.

I tried to get insurance and the insurance company told me i need an up to date IEE certificate, after much badgering eventually the agent got an electrician to come and quote for the work (which they were responsable for) the electricians done the work but still not tested for the IEE cert, i've again been trying to get hold of the letting agent for the last 2 days to get this sorted but am just unable to speak to him.

Today i had a visit from a fire safety officer who told me there was an enforcement notice on the property which was served to the previous tenant (who left before any action was taken) aparently this notice was also given to the letting agent, the letting agent has done nothing to implement the changes on the enforcement notice or told us that there was a notice before we took the lease.

All in all i'm now really p**sed off with the whole situation.
We've spent money and time redecorating redoing seating etc and we cant open and trade until all these problems are sorted.

Everytime i phone up i'm told the letting agent isnt in the office and he will get in touch then he never does!

Can anyone tell me where i stand with this if i decided enough was enough and wanted to get out of the whole situation?
we signed a 6 month lease 2 weeks ago today

phill99

So what checks did your solicitor undertake? Or is this where you declare you didn't use a solicitor?

samson1313

No hands up i admit it, we nievly did'nt use a solicitor

Mistral001

You need a solicitor in my view. It looks like to me that the agent has thought that a quick look ocer by an electrican was enough to get a cert. There could be any type of wiring in there done by several electricans over the years. To certify that lot might require quite a lot of work even if you could get an electrican or consulting electrical engineer offer to do the testing to the required standard. It might even need a complete re-wiring for any electrican or consulting engineer to write a certificate. Afterall what the person writing the certificate is doing is saying that the wiring is up to the very high standards of the day. They will not put their name and reputation on the line to do that without making sure that everything about the wiring is up to the required standards and safe. Afterall if they get it wrong they could be expalaining themsleves to widows in a coroners court some day.

Savvy_Sue

Could be worth finding a solicitor now if you want out before the end of the 6 month lease.

Or pay for the 6 months and walk away ...

paulwf

Generally for something like a nightclub that requires a lot of investment to refurbish and build up trade you'd be looking at a 10 year lease. The lease would be fully repairing i.e. you are responsible for the upkeep and any compliance and certification so you'd have a full commercial survey and make your demands to the landlord before it is handed over. Your solicitor would also do searches to back up the legal compliance.

As it is such a short term lease and all the background work hasn't been done as Sue says I'd have a chat with a solicitor and find the best way to ditch the lease and cut your loses. Chalk it up as experience.

Annisele

The agent is the landlord's agent, not yours. That means he doesn't work for you, and he doesn't have to volunteer any information to you. Did you ask about IEE certificates and enforcement notices?

I agree with the others; you need to find a solicitor.