landords responsibility or not?

meritaten

I am hoping someone can clear this up for me.
I know someone who leases their shop and they have asked for a loan for 3k to repair the roof of the premises.
I always thought it was the landlords responsibility to do structural repairs. This person says it is in their lease that they are responsible.
Is it really different for retail premises rather than what is standard practice for home renting? Home renting is the only experience I have of renting property, and I do know that tenants wouldn't be paying for roof repairs. I have a feeling I am not being told the truth - but, I would lend the money if its genuinely needed.

terryw

You need to have a look at the lease.

WHA

If they signed a lease that holds them liable for roof repairs, then they are liable. They need to dust off the lease and read it, and see what else they may be liable for.

Unlike residential leases which are protected, the law assumes that someone carrying on a business doesn't need nannying and therefore lets them openly negotiate all the terms of their business leases.

Annisele

In commercial contracts it's quite normal for the tenant to have full responsibility for repairing and insuring the property. It can be a very good idea to employ a surveyor and a solicitor before entering into a commercial lease - or you could find yourself liable to repair a shell at your own cost.

But I'm not convinced that should have a bearing on your decision as to whether to lend the money. If this is a friend/family member, I'd only lend £3k if I'd be happy to give that person £3k - and then I'd treat it as a gift in my own head.

The reason I'd be worried about lending that sort of money is that it's small enough they ought to be able to get it from a bank / other commercial lender without much trouble. If they can't, their creditworthiness is probably an issue.

meritaten

Annisele wrote: »

In commercial contracts it's quite normal for the tenant to have full responsibility for repairing and insuring the property. It can be a very good idea to employ a surveyor and a solicitor before entering into a commercial lease - or you could find yourself liable to repair a shell at your own cost.

But I'm not convinced that should have a bearing on your decision as to whether to lend the money. If this is a friend/family member, I'd only lend £3k if I'd be happy to give that person £3k - and then I'd treat it as a gift in my own head.

The reason I'd be worried about lending that sort of money is that it's small enough they ought to be able to get it from a bank / other commercial lender without much trouble. If they can't, their creditworthiness is probably an issue.

I just have a gut feeling that I am not being told the truth - nothing tangible. I don't know about business premises but have asked other people who owned similar shops and they both said it was landlords responsibility. so thought I would check on here - and now I am really confused. I know people can negotiate different types of rental or lease agreements but just wondered what the standard type of business lease agreement was.
It is a high street retail outlet, small, over two floors and there is another tenant on the lower floor.

paddyrg

As others have said, there is no 'standard', it comes down to the contracted lease terms. It is quite possible to sign a commercial lease with terms San domestic lease would never include, and repairs and so forth are common terms to specify.

Perhaps agree to lend the £3k on three condition that you get to read the lease agreement for your own peace of mind, but it is certainly not unusual to have repairs being the tenants cost.