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Why would this lease concession be asked for and what does it mean, I dont know what I am doing!

7 replies

SeetheseeyessogreenIcanstarefo · 21/07/2017 20:00

What does this mean? We have an empty shop, these people want to turn it into a hair dresser. Why would they ask or their solicitor ask for the below concession?

"The only matter of substance is that they have asked that their repairing obligations be qualified so that they are not obliged to put the property in any better state of repair and condition than it is in at the date of the Lease. This is meaningless unless a schedule of condition is attached to the Lease showing what the condition the property is in at the outset. This is fairly easily done as the schedule of condition can comprise a series of photographs. In the first instance, however, I have deleted their amendment but could you let me know, if they come back to me on this point, whether or not you would be amenable to limiting their obligation in such a way?"

OP posts:
Blankscreen · 21/07/2017 20:05

I would inagine the lease says that the property must be left in a good state of repair and condition at the end of their tenancy. They are concerned that you could demand.works to be undertaken at their expense which make the property much better.than it.is.now.
They only want o have to make it as good as it is now.
I think their suggested amendment.is entirely reasonable.

SeetheseeyessogreenIcanstarefo · 21/07/2017 20:15

yes its a full repairing lease, but doesn't that leave it open to being left in a tip, esp if they are putting in plumbing for a hair dresser.

To what degere can I prove the properties state of repair now. I mean I can take photos but should I go any deeper.

OP posts:
SteppingOnToes · 21/07/2017 20:42

I've had this added to a domestic tenency when the place had not been smartened up before I moved in - the lease originally said that the property needed to be left in a 'fresh' neutral state and all holes/marks removed. The place already had them so I wasn't going to have my deposit docked for existing cosmetic issues.

Vermillionrouge · 21/07/2017 21:51

You can get an agent to do a schedule of condition which will record the condition of everything in minute detail (you could do it yourself but you need to have seen how it is done to do it right). I'd expect this to be backed up with photos and a video.

This protects both of you.

SeetheseeyessogreenIcanstarefo · 21/07/2017 22:33

When i mentioned an inventory to agent he was pretty dismissive saying it was all a mess. However whilst he was previous tenant left literally boxes, paper, mail etc behind in in mess the actual shop is fine. I had electrion go on in and even he was surprised that the electricity was sound and only needed minor work. Ie no mould, building sound, flood etc.
If they are turning it onto a haircut dresser surely they will be doing loads of work to it, in terms of drilling, plumbing for basins, plugs etc. If anyone is going to turn the shop into into state it's them ie if they couldn't make it work and left, it will be very different??

OP posts:
prh47bridge · 21/07/2017 22:44

doesn't that leave it open to being left in a tip

No it does not. Your solicitor should ensure that the wording means they are required to return the property in the same general state of repair and condition as it is now. They simply don't want to be forced to repair problems that already exist, thereby leaving the property in better condition than it is today.

SeetheseeyessogreenIcanstarefo · 22/07/2017 12:42

Also I did not ask for the deposit so what leverage do I have if they do a runner and leave it in a tip? Usually a new tenant was given some months rent free to fit in shop out but they did pay deposit. I didn't ask for one because they didn't ask for it to be rent free to start... If say a vaping business took it over there would be little change to the fabric of the building, lick of paint shelves and that's it. But surely to turn it into hairdresser they will need to change quite a bit, so return the it to how it is now? Remove any extra plumbing, electricity points? Ie I just feel it's me not them who is taking the plunge here and with no deposit.

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