Complicated Issue with Landlord of my shop

[fabianne]

Hi-I will try and keep this outline as brief as possible.
1.I have a lease on a shop which trades as a salon.I spent thousands doing the place up as it was a mess in order to attract the 'right' kind of clientele.This busy premises now has 7 months left on lease.

2.I had repeated extensive water damage from the flat above the salon from the tenants using the shower(same landlord-but managed by a letting agent)This continued over a period of 9 months,I informed landlord each time it happened-along with water pouring from downlighters,an electrician had to be called in to disconnect electricity for safety,I helped by going in on 3 of my days off to allow plumber access to my property and cellar,suspended ceiling collapsed each time the water came through-I replaced the ceiling each time and painted where it had marked in other areas.This took my time away from clients and caused disruption to my business-it was also a Health and Safety issue for my staff and clients. Finally,the problem was solved by the plumbers.I refused to pay last years Buildings Insurance until the Landlord agreed to a discount for all the disruption and expense it had caused.This problem was not my fault at all-it was the fault of the tenants above.They had a brand new bathroom fitted-whilst I was left to repair the damage caused myslef,from my own pocket.

3.The young,non working lowlife tenants that live upstairs have been harassing my staff and myself for the past 6 months,with loud noise,banging,slamming doors,not securing external locks,threats,shouting insults etc(recently the Police became involved)These are the people who caused the water damage.I am worried that their anti social behaviour is affecting my business.The Landlord is aware of the problems but has done nothing about it.

4. It appears that there is only 1 Water Meter in the premises.....and I am the only tenant to get a bill.It seems at the moment, that I am therefore paying for the water upstairs too.The Landlord's letting agent say it isn't their problem.United Utilities say it isn't their problem-but the Landlord's.It seems poetic that I am paying for the very water that caused the damage in the first place!!!

5.The business has been up for sale for 6 months now and I think I have a buyer.I phoned the Landlord after speaking to my solicitor to see if he would be willing to assign a new lease to the prospective buyers,to take into account the remainder of my lease + 3 years.
6. The Landlord has told me he will not discuss anything about that until I have paid the Buildings Insurance owing and will not discuss any discount for the damage caused as I am "being petty".He also wants this 2006-2007 BI.....even though "he hasn't had time to sort it out yet". (how I can pay an invoice when he hasn't sent it is beyond me...)He refused to enter into a discussion about it as he is busy running his other business(he is a small Landlord) and more or less slammed the phone down on me.I left a message asking him to call me back to discuss the problems last week...no call so far.
Has he really got me by the short and curlies?Surely he has some responsibilities as a Landlord? I have paid my rent and been a good tenant,have improved and maintained his property well.....while the kids and baby on DSS upstairs behave destructively and seem to get away with it!
Can anyone give me some advice on this nightmare situation please as it just seems a Catch 22 situation to me right now.I just want to sort it all out fairly,sell up and move on-this is far too stressful.
Thanks

[Nightmare4banks]

Hi all!

fabianne,in reply to your posting and to be perfectly honest and blunt with you:

1.If there is a clause in the lease for you to pay the Building Insurance you should pay this because you are in breach of the terms of the lease.I am not taking sides with your landlord but you have given him the ammunition not to agree to assign the lease to your buyer.

2.In my view you should probably be entitled to a rent reduction for the "trespass" of the water etc from the flat due to the leaks and damage because any repairs of that nature are the landlord's responsiblity.Seek the advice of a chartered surveyor that deals with commercial rents if you want to persue this.

3.Loss of business in terms of £ due to hassle is very hard to prove.if you have suffered stress etc your gp should be able to help you.

4.If you get grief from the upstairs tenants make sure to make a log with times and dates etc.Also,do not hesitate as you have done in the past to get the police involved if needed.If it is classed as a crime you can get a crime number from the police because it will be logged in the system.If it is really bad buy or borrow a cctv system and record the antics together with a sworn statement with a police officer would be enough to prosecute if thought appropriate.

5.The water meter is the responsibilty of the water authority.If I were you I would dispute the bill and let the matter go to court because the upstairs flat should have its own seperate meter.Complain to the water regulator.

6.The tenants are in breach of their tenancy with the landlord for their antics with you.A good landlord would try and evict them.However,if they are on benefits judges tend to be more biased in a favour of the tenants and especially if there is a baby or small children because they are the innocent parties in these sort of scenarios.

Finally what I would do:

1.Pay the Building Insurance to the landlord.If he is surprised,just say you obtained legal advice to do so.The next Building insurance amount should be arranged such that your buyer pays and not yourself.

2.Get the lease assigned.

3.Sell up and find another business with the proceeds of the sale.

4.Prior to departure take photos of any damage together with any evidence of hassle from the tenants and sue your then ex-landlord.
This will tell you landlord how petty he is.make sure to get your staff on your side.

5.If you get any compensation/damages from your landlord give some money to your staff because they will appreciate it especially if they have been hassled by the upstairs tenants.

6.Push to get the upstairs tenants prosecuted under the harassment and ASBO laws by the police.Note that this may be longwinded and stressful however if you gather "concrete evidence" and your staff are on your side you should be able to win in the best ways possible even if the punishment dished out is only "a slap on the wrist".You have done your best,move on and forget all about it.

I hope you find this information useful.

If you have any questions,just ask.

Keep us posted.

All the best!

[fabianne]

Thanks for your advice-although the buyers have not gone ahead I will take on board all your points-as it all needs sorting in the end.
Cheers!