Commercial property lease problems

realscot555

So here's my situation. I leased a commercial propperty back in April this year, a garage with lifts and mot equipment. 10 weeks into the lease the property was burned to the ground by two local youths.
My tools were insured, so I got some money for my losses.
It would be my understanding that the building, and any equipment already present at time of lease would have been upto my landlord to insure.
Being so early into my lease, my company had made very little money, certainly not enough to pay a lease for a building that had burned to the ground, and I couldn't make a living in. My landlord was unable to provide alternative premesis.
We came to a verbal agreement that I wouldn't pay rent till he rebuilt.
The building is almost complete now, and now he is saying that it is my responsibility to put new ramps and MOT equipment into the premesis if thats what I want. This will cost over £50k, and I really can't afford it, and I have told him so. His arguement is that he leased me a building, anything in the building already was just a bonus.
I have been helping with the rebuild, and have more than £1k of my tools and equipment in the building, which he gave me a key for, but has now changed the locks and is denying me entry.
He is now demanding the full 5 year lease up front before allowing me entry.
I don't understand why he has suddeny turned on me like this.
At the moment the only option i see is to let the company go bust.
Only discovered locks changed this morning, and unable to get legal advice today.
As far as I can see he can only legally change the locks if I have failed to pay rent, but surely I didn't have to pay rent for something that didn't exist anymore?


Any advice, opinions etc would be appreciated.
thanks.

G_M

This is really a consumer orientated forum, not commercial, however...

realscot555 wrote: »

So here's my situation. I leased a commercial propperty back in April this year, a garage with lifts and mot equipment. 10 weeks into the lease the property was burned to the ground by two local youths.
My tools were insured, so I got some money for my losses.
It would be my understanding that the building, and any equipment already present at time of lease would have been upto my landlord to insure.
your understanding ased on what? What does the lease say?



Being so early into my lease, my company had made very little money, certainly not enough to pay a lease for a building that had burned to the ground, and I couldn't make a living in. My landlord was unable to provide alternative premesis.
Then the lease is probably 'frustrated'.



We came to a verbal agreement that I wouldn't pay rent till he rebuilt.
How long? If an 'unreasonable' period of time, or the insurance does notprovide alternative accomodation, the lease is 'frustrated'.
The building is almost complete now, and now he is saying that it is my responsibility to put new ramps and MOT equipment into the premesis if thats what I want.
were these included in the original lease or were they yours?

This will cost over £50k, and I really can't afford it, and I have told him so. His arguement is that he leased me a building, anything in the building already was just a bonus.
what does the lease say?

I have been helping with the rebuild, and have more than £1k of my tools and equipment in the building, which he gave me a key for, but has now changed the locks and is denying me entry.
are you paying the rent? If yes, get a locksmith.

He is now demanding the full 5 year lease up front before allowing me entry.
what does the lease say?
I don't understand why he has suddeny turned on me like this.
At the moment the only option i see is to let the company go bust.
Only discovered locks changed this morning, and unable to get legal advice today.
As far as I can see he can only legally change the locks if I have failed to pay rent, but surely I didn't have to pay rent for something that didn't exist anymore?
Correct. I'd say the lease was frustrated.

Any advice, opinions etc would be appreciated.
thanks.

Read your lease.
Decide what you want - toend the lease or to continue.

davidmcn

Given your username, what country is the property in? This is a UK-wide forum and people here tend to assume English law unless told otherwise. Though in any event its going to depend mainly on what your lease says. Didn't you get legal advice when you signed it?

daveyjp

Go back to the lawyer who advised you when you signed the original lease.

They will be best to advise as they will know the details of the lease and understand terms and conditions relating to insurance liabilities.

They will also advise on the locks situation.