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Full repair lease - Who is responsible for what?
benjaminM
Posts: 238 Forumite
Hi, I wonder if anyone can help me. A friend of mine rents an office in the top floor of a commercial building. She is 2 years into a 5 year lease and she keeps complaining to me that her landlord is not very co-operative.
For instance, recently she was unable to get into her office because the lock on her door was sticking. She went to see the landlord who apparently did his best to help and called a locksmith. However when the locksmith concluded that the lock was broken and needed replacing he said she would have pay for it because she has a full repair lease. My friend argued this was unfair and should be the landlords responsibility to which he replied he is only responsible for the main exit door of the building. To cut a long story short the landlord advised my friend to read her lease and go speak to a solicitor if she still did not understand.
Various other little things have cropped up such faulty light fittings that needed replacing, faulty fan that needed replacing etc etc. Everytime she has asked the landlord he has always said you have a full repair lease, its not my problem go sort it yourself.
So who is responsible for what in a full repair lease? The landlord has basically said you are renting a space off me and anything that happens to it you have to sort it out, is this right? He is only willing to rectify problems with the building itself and even then he has said that she is responsible for a proportion of the costs!
Any suggestions please!
For instance, recently she was unable to get into her office because the lock on her door was sticking. She went to see the landlord who apparently did his best to help and called a locksmith. However when the locksmith concluded that the lock was broken and needed replacing he said she would have pay for it because she has a full repair lease. My friend argued this was unfair and should be the landlords responsibility to which he replied he is only responsible for the main exit door of the building. To cut a long story short the landlord advised my friend to read her lease and go speak to a solicitor if she still did not understand.
Various other little things have cropped up such faulty light fittings that needed replacing, faulty fan that needed replacing etc etc. Everytime she has asked the landlord he has always said you have a full repair lease, its not my problem go sort it yourself.
So who is responsible for what in a full repair lease? The landlord has basically said you are renting a space off me and anything that happens to it you have to sort it out, is this right? He is only willing to rectify problems with the building itself and even then he has said that she is responsible for a proportion of the costs!
Any suggestions please!
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Comments
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Depends on the exact terms, perhaps the advice to speak with her solicitor was a good idea. But the clue is probably in the name in that she is responsible for full repairs?0
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Read the lease and it will tell you who is responsible!
How fair or not it is were questions for before taking on the lease.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
I have a full repair lease on my shop so pay for all costs that are not a structural part of the whole building, and I pay a share of the insurance costs for the whole building (which is shops below and flats above). So if anything breaks or gets worn out (locks, windows, doors etc) that are outlined in my lease as being mine then I have to pay for them to be fixed, communal parts are covered by communal insurance unless one of us tenants was directly responsible for breaking it in which case we pay.There is no shame in not knowing; the shame lies in not finding out.0
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A full repairing lease is exactly what it says, the tenant is responsible for maintaining and keeping the property in good repair. Your friend should read her lease very carefully so that she understands exactly what she is responsible for.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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Your friend really should have read it before taking on the lease. Commercial leases are quite different to renting a house as there is no legal protection to outlaw unfair terms etc. Commercial leases frequently favour the LL and tenants are strongly advised to have a solicitor read it through to explain all of the responsibilities and possibly negotiate.lincroft1710 wrote: »Your friend should read her lease very carefully so that she understands exactly what she is responsible for.0 -
A fully repairing and insuring lease (FRI) is exactly what it says. The tenant is responsible for all repairs and maintenance of the property.
It may be u fair, but that is what your friend signed up to.Eat vegetables and fear no creditors, rather than eat duck and hide.0 -
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