Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Breach of commercial tenancy

(7 Posts)
damppatchnot Sat 27-Dec-14 20:57:14

I signed a tenancy agreement in nov 13 for the bottom floor of a large house which is used as a shop. The landlord uses the income as his pension so on checking the lease the actual landlord is the pension co who never signed the lease. I paid 6 months rent up front and a further 6k to renovate the shop adding new flooring a kitchen and cloakroom. This was in exchange for a 3 month rent free period.
From the start I had problems. In the lease it was agreed that the guttering to be repaired and the back yard to be cleared. Neither happened and I had to clear yard myself. We had constant leaks and no hot water. In July 14 the upstairs waste pipe leaked into my shop and created an environmental hazard that forced me to close the shop for 5 days whilst it was patched up. In addition when I took shop on I signed up for gas and elec but unknowingly signed up for gas for whole building. I only used one rad as my shop is a pet shop and the units are individually heated. Above me was three separate businesses all with several radiators. When I approached landlord he only agreed to pay half and only did this for a few months.
After the waste leak my custom deteriorated and the landlord was dismissive and would not compensate me for my losses. I decided I had put up with all I could and moved my business at considerable expense. The work I did was for a 5 year lease so I have not had any benefit of it.

I have been so busy with new place I have not had time to think of legal action. The fact the pension co did not sign the lease makes me suspicious of it's validity and despite me emailing the managing agents about all the issues they sympathised and agreed and did nothing.

Any advice really appreciated I'm a single mum and it's left me broke

damppatchnot Sat 27-Dec-14 21:06:44

Bump

CheddarGorgeous Sat 27-Dec-14 21:21:11

My reading of this is that you don't have a valid contract so legal action would be pretty impossible. It's also very expensive and uncertain.

damppatchnot Sat 27-Dec-14 22:43:55

But if the contract is not legal then they did not have the right to take the money off me. Correct?

prh47bridge Sat 27-Dec-14 23:59:14

An unsigned contract can still be binding. In your case both you and the landlord have acted as if the lease is in force. It is therefore likely that it is binding on both parties.

Lonecatwithkitten Sun 28-Dec-14 08:21:32

The landlord maybe a trustee for the pension and therefore entitled to sign on behalf of the pension, I am for my pension and can sign for the pension. So there is a good chance your lease is valid.
Have you put your concerns in writing to the landlord?

damppatchnot Sun 28-Dec-14 16:58:34

Yes he's a liar and denied everything the previous tenant had same issues

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now