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Commercial Lease Help

(2 Posts)
biscuitkumquat Thu 22-Sep-16 17:37:31

Hope someone with some experience can help me out.

In short, I have a commercial premises on the bottom of a block of flats.

There has been a water leak in one of the flats, and I have had water pouring into my premises, although this has now stopped.

There is damage to the walls (cosmetic), the ceiling (probably need replaced), the carpets (need replaced), and the lighting (it now doesn't work!)

My Buildings Insurance is arranged through the Landlord, and I have never seen a copy of the policy.

The Landlord came round to inspect the premises, and has subsequently sent me a letter saying that "we confirm the water ingress does not constitute a valid claim in terms of the policy - the sums insured will not be large enough", and goes on to say that I should arrange to have everything put right at my own expense.

I have written to them today saying that I want a copy of the policy & that it's not my fault if it's not "fit for purpose", and I don't see why I should be out of pocket due to no fault of my own.

I know commercial leases are notoriously good at making the tenant responsible for anything & everything, but this just doesn't sit right with me.

Can anyone shed any light on this?

wowfudge Mon 26-Sep-16 23:07:02

The landlord should have confirmed the details of the insurance to you - level of cover, excesses, who the insurer is, etc. But the claim should be against the insurer of the flat where the leak was. Does the LL own the flats? Probably. Sounds to me as though the excess (sometimes called the deductible) is high so it may not be worth making a claim.

That said, what does your lease state about insurance and who is responsible for repairs? It isn't a full repairing and insuring lease (you would have to insure it) so it is highly likely the LL is on the hook. Read the lease. See a solicitor if you are unsure or it appears the LL isn't meeting his lease obligations.

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