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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:
TheWorldturnedUpsideDown · 21/12/2019 17:09

The confusion is great however its a pipe that possibly serves the flat upstairs. It's T of the pipe.

So I'll get clarification on Monday hopefully!

The pipe is in Tennant property but is for another property.

I'm sorry to hear all those with crap ll. I suppose this is buyer beware territory. Be careful what your taking on.
I'd rather keep my tenant in longer term but as you can see my being helpful ££ also means I get called when it's not my issue.

OP posts:
TheWorldturnedUpsideDown · 21/12/2019 17:47

Tennant said her solicitor said it would be ll as its part of the main plumbing of the building.

OP posts:
FieryWill · 21/12/2019 18:35

A full repairing lease usually means that the tenant is responsible for all repairs on a commercial lease. It depends on what the repairing obligations are though in the repair clause as there could be exceptions such as fair wear and tear etc.
Can you type out the relevant clause from the lease and I'll tell you?

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Dowser · 21/12/2019 18:39

LL for plumber

PoultryBallot · 21/12/2019 21:18

Sorry to be so negative, just re read my post. Honestly its her problem, she hasn't spoken to a solicitor she is just winging it. It is completely different to residential. Even if was leaking directly from the flat above she would still have to pay to rectify it.

longearedbat · 21/12/2019 21:47

Full repairing lease? Tenant is responsible for all repairs. If you have been paying for some repairs op, your tenant must think you are a right pushover!
Speak to your solicitor and get a handle on both your and your tenants responsibilities regarding your property.

PancakesAndMapleSyrup · 21/12/2019 22:20

I have recently been looking at commercial properties to lease out. I spoke at length with the letting agents and basically tenant is responsible for pretty much everything. It's very much like buying a property in so far as its leased as seen. The tenant should instruct their own solicitors to do searches/flood risks/lease reviews before committing to a property. I would suggest that reading your posts you have been more than accommodating and perhaps it's time to put your foot down somewhat. Yes it's both your first time in leasing/renting but they should be up to speed on their own end of the stick quite frankly.

NeverTwerkNaked · 22/12/2019 10:29

You are getting a lot of poor advice on here. You really do need to speak to your own solicitor.

Yes, FRI leases mean the tenant is responsible for everything leased to them. But the lease will define the extent of their demise - and in a multilet building that is quite likely to exclude shared pipes etc making them landlords responsibility.

Further depending on what caused the leak you might find that again it is landlords responsibility to repair even if it is within the tenants demise.

Unless you are a property lawyer /surveyor please be careful what you advise the Op. Every commercial lease is different so no one can say with certainty without looking at the actual lease. Op, I think it would be a good idea to get some clear advice from your lawyer on this and on what to expect going forward.

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