Challenging an Ombudsman

bouicca21

I think the complaint has to be about not following procedures and guidelines. And I suspect it will fail if OP did not submit evidence in a timely fashion, even if that evidence would have supported the case.

teneighty

Jane_Mortimer wrote: »

Reading Tim.
My lease says I have to yield up the property in the same condition as I found it. The Ombudsman is quoting from I don’t know where saying that the property had to be left in a lettable condition ready for a new tenant to move in. This isn’t his interpretation of the lease he is quoting. The trouble is nowhere in my lease does it have the clauses he is quoting and it makes a big difference.

I’m sorry folks going to have to end it here - hands can’t keep up but I have the information I need thank you.

That would be a very unusual clause in a commercial lease, I assume it is commercial as you mentioned dilapidations. Repairing covenants in a commercial lease are completely different from residential ones and the repairing obligations are very onerous.

Unless there is a detailed schedule of condition that is documented in the main lease and the repairing covenants are amended accordingly then a tenants repairing obligations include all existing disrepair. Generally a commercial property does have to be returned in a lettable condition even if it was a complete wreck at the start of the lease.