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Go Back   The Consumer Forums > The Consumer Forums
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> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 14th July 2008, 13:07   #1 (permalink)
JC180
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Default Commercial Periodic Tenancy (?) Repairing Liabilities

Hi Everyone,

I am advising (as a friend) the landlord of a small terrace of lockup shops.

One of the lockups was let at the end of 2003 for £130 pcm. There was nothing in writing whatsoever documenting this letting. Recently, without prior notification, the landlord received a bill from the tenant for £1,600 in respect of a repair to a roller shutter.

I assume the exclusive possession and monthly payment of rent creates a periodic tenancy, but what does statue or precedent say in relation to liability and protocol for repairs?


I would be very grateful for your assistance.


Many thanks

J
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Old 14th July 2008, 13:11   #2 (permalink)
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Default Re: Commercial Periodic Tenancy (?) Repairing Liabilities

Was there anything verbally agreed with the tenant regarding repair liability?
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Old 14th July 2008, 13:42   #3 (permalink)
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Default Re: Commercial Periodic Tenancy (?) Repairing Liabilities

Quote:
Originally Posted by MrShed View Post
Was there anything verbally agreed with the tenant regarding repair liability?
Hi, thanks for your response.

I understand that the agreement was for the tenant to be liable for repairs. Although naturally this cannot be proven.

Regards
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Old 14th July 2008, 18:50   #4 (permalink)
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Default Re: Commercial Periodic Tenancy (?) Repairing Liabilities

When it comes to commercial property, in the absence of agreement, there is no obligation on either party with respect to repair, except that the tenant has to use the property in a tenantlike manner, which includes minor repairs.
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Old 14th July 2008, 23:50   #5 (permalink)
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Default Re: Commercial Periodic Tenancy (?) Repairing Liabilities

Thank you very much indeed for that aequitas,

Is this common law, or part of an act that can be quoted?
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Old 15th July 2008, 09:04   #6 (permalink)
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Default Re: Commercial Periodic Tenancy (?) Repairing Liabilities

Quote:
Originally Posted by JC180 View Post
Is this common law, or part of an act that can be quoted?
The common law.
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Old 15th July 2008, 11:31   #7 (permalink)
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Default Re: Commercial Periodic Tenancy (?) Repairing Liabilities

Very much obliged, Thank you!
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