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Full repearing commercial lease who pays for plumber ll or tenant!

33 replies

TheWorldturnedUpsideDown · 21/12/2019 14:40

Water pipe inside property, has gone, leak from a t join.... Soaked carpet.

Does ll pay plumber and replace carpet or should commercial tenant do it?

OP posts:
Tomorrowisanewday · 21/12/2019 14:42

Tenant.

TheWorldturnedUpsideDown · 21/12/2019 14:43

If the Tennant says the pipes are old and it's off the mains water... Even though its inside the shop?

OP posts:
Veterinari · 21/12/2019 14:44

LL - it’s legally up to them to repair/maintain property

The tenant is liable only for accidental damage

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NeverTwerkNaked · 21/12/2019 14:44

It depends on your lease. You are going to need to look at the detail in the lease. Is it a standalone building? Or part of a bigger block?

Veterinari · 21/12/2019 14:44

Don’t you have a contract?

TheWorldturnedUpsideDown · 21/12/2019 14:44

Interesting, two different responses.

Commercial property...

OP posts:
MyKingdomforaNameChange · 21/12/2019 14:44

I would think that on a full repairing lease it's the tenant' s responsibility, but check what your lease says.

NeverTwerkNaked · 21/12/2019 14:45

@Veterinari I think you are thinking of residential tenancies

NeverTwerkNaked · 21/12/2019 14:46

I see a lot of commercial leases in my job. I don't think anyone on here can advise unless they have read the lease and inspected the damage

TheWorldturnedUpsideDown · 21/12/2019 14:47

Yes of course I do it doesn't say in plain English however in such a situation who would pay for this.

Shop downstairs, separate flat above.

A leak in the pipe that is where the pipe goes off to the flat above.

OP posts:
Veterinari · 21/12/2019 14:49

Is the pipe in the flat or the commercial property?
If not in the flat then no one can advise unless you state what the lease actually says

TheWorldturnedUpsideDown · 21/12/2019 14:49

Never as far as I'm aware it's full repairing lease and this time it's minimal plumber fee and minimal pay out for carpet.

But I'd like to know really who should pay.

If I can't workout my own lease in this situation ie the legalise doesn't corrospond to me..

Who would I get to check it for future reference?

OP posts:
ItsAllGoingToBeFine · 21/12/2019 14:50

IAMAL

Your responsibility. Full repairing lease means that you are responsible for literally everything, even if it was already broken when you took over the lease.

Speaking from (bitter) experience.

ItsAllGoingToBeFine · 21/12/2019 14:51

IAMAL = I Am Not A Lawyer (spelt wrong)

TheWorldturnedUpsideDown · 21/12/2019 14:52

Is there a part of the lease that would cover stuff like this?

If I find the paragraph can someone tell me 🙏😂😱

OP posts:
TheWorldturnedUpsideDown · 21/12/2019 14:53

I'm the ll and I've just offered to pay it.

OP posts:
PoultryBallot · 21/12/2019 14:57

Well then you are lovely /an idiot depending on which side you are on. It's almost certainly the tenants responsible but you should know your own contract!

TheWorldturnedUpsideDown · 21/12/2019 15:00

Poultry it's all new, and all just happened...contacts are not easy they don't say..

.

Its a water leak.. Inside blah you don't pay... They talk about plaster and this and that.

Ideally what I need is scenarios!

OP posts:
TheWorldturnedUpsideDown · 21/12/2019 15:11

I'm looking at lease at tenant Covent with ll but I'm no clearer.

Can anyone direct me to the section I should be looking at..

OP posts:
Likethebattle · 21/12/2019 15:23

Tenant responsibilities, this is part of my job. Fully repairing means the tenner accepts the property in the condition the sign the lease under and will be responsible for all repairs. Commercial leases vary from residential.

TheWorldturnedUpsideDown · 21/12/2019 15:28

Yes that's what I thought...

The solicitor's who did it will call on the Monday hopefully..

I literally cannot absorb legal language I just need telling, yes, no, pipes etc are hers.

I can see that something about media but... Not sure it says water pipes.

As far as I'm aware if it's something like rats... It's me...

OP posts:
PoultryBallot · 21/12/2019 16:32

Basically (as a long time renter of several commercial properties) the tenant is responsible for anything and everything and have fuck all comeback on anything. Even by the greatest stroke of luck the ll is responsible they will take so long to fix the issue the tenant will do it in the end as they can't run a business with a hole in the roof/sinkhole/constantly closed broken security gate. There is also no one to complain to or support you.
You don't need anything specific in the contract, full repair means it's full repairs, regardless of why things break/fail etc. Basically it's another way for big business to fuck over small ones (as most commercial landlords are seriously big business, I appreciate this is not you as you wouldn't be considering helping a tenant if you were)

TheWorldturnedUpsideDown · 21/12/2019 16:56

Poultry thanks.

I think Tennant is confusing renting home and commercial.

I've done lots to support my tenant and paid for other things I shouldn't have, given rent reductions, and even one of month rent free when she was struggling. I've sorted my stuff on the day and other stuff I legally didn't need too. she's also new to owning a business so I'm happy to be helpful. This is my learning curve. And hers.

What's occurred is actually quite minor so it's a good opportunity to bring up who is responsible for what and push back a little.

I had the opportunity to rent a flat out and I didn't want it for this reason!! I don't want the responsibility of someone's home etc.

OP posts:
ItsAllGoingToBeFine · 21/12/2019 16:59

I have done this:

Tennant is confusing renting home and commercial

And I learnt this:

the tenant is responsible for anything and everything and have fuck all comeback on anything. Even by the greatest stroke of luck the ll is responsible they will take so long to fix the issue the tenant will do it in the end as they can't run a business with a hole in the roof/sinkhole/constantly closed broken security gate. There is also no one to complain to or support you.

BritInUS1 · 21/12/2019 17:03

Get a solicitor to explain the lease to you

But if it is full repairing on commercial, then the tenant is responsible for everything