Serious commercial letting issues,

[wonkeydonkey]

LL told tenants that after 1st year they could have a running lease as she had no use for the small retail shop that I think may have been part of the ground floor of the house at some time past but has traded as a shop since 1945 They invested all their savings in the little shop and built up a good trade over the last 3-4years.

 

LL served notice to quit saying she wanted to convert the shop into a flat to let out. Tenants decided to apply for a new lease through the court and that action is pending a hearing. LL sent a draft of the application for change of use to show she was going to need the premises to carry out her intentions under ground (g) of the notice.

 

It transpires these plans were drawn up just a short while before the shop was offered for lease, she had lied to the tenants from the outset and carried on lying to them, telling them their tenancy would be long term and they should get a good return on their investment over the years to come.

 

LL turned very nasty and refused to carry out repairs to the toilet (hey had no sanitation for several weeks) the toilet waste pipe burst and the sewerage was all over the shop so they had to close instantly on health grounds.

 

The insurance did not cover the damage as the waste pipe is shared with the residence and the LL insurance say she is not covered for damage to the shop.

 

A friend has told them that if they do not open the shop and go ahead with application for the new lease they cannot claim a penny in compensation?

 

They have all their saving invested in their little sweetie shop and cannot really afford a solicitor they are 65 and 67 years young and this was a retirement venture.

 

Are they are going to have to get the floor repaired and open the shop even though they might not get a new lease ? estimated costs for this are £3500

 

Do they have any chance of getting damages from LL for having lied to them about the lease.

 

They have all their savings invested in the little business and cannot afford a solicitor.

 

Any legal eagles out there that can help?

 

Thanks in anticpation to all the good caggers.

 

WD

[MrShed]

A contract has to be specific.

 

Someone saying "long term" does not constitute something legally enforceable.

 

Moreover, the liability on repairs will depend upon the terms of the contract, but generally speaking repairs liability lies with the TENANT in the case of commercial lets.

[wonkeydonkey]

Thank you for taking time to reply.

 

From what i see the LL lease is a home DIY job.

Apparantly the issues over the waste pipe had been a problem for the previous tenat but never mentioned when the lease was discussed they never knew of the problem until the winter months set in and the pipes froze and the toulet wouldn't work, the LL told them to boil kettles of water then run around the block of terraced houses and pour water over the pipes to defrost them!!! Its a Macerator thingy and has not been fitted to the right specs years ago. LL then refused to let them access the rear of the property and refused to lag the damned external pipe that gives the problem.

 

They are still paying the rent NNDR etc; but getting no income.

 

Are they are going to have to get the floor repaired and open the shop even though they might not get a new lease ? estimated costs for this are £3500

 

Do they have any chance of getting damages from LL for having lied to them about the lease.

[MrShed]

As I have said, I dont think there is any chance of damages based upon "lies" about the lease, as the lies did not constitute a binding legal contract.

 

I would strongly advise to consult with a solicitor on something a) so complex b) so important.

[wonkeydonkey]

I

 

Hi Mr Shed.

 

They did do exactly that this afternoon and although I have only had a quick chat with them it seems they do have a very strong case and they will be able to go for damages. I just hope it all works out for them.

 

Thanks for your input.

 

WD