Need advice with tenancy agreement

[Shazam1966]

Dont know if this is the correct forum for this issue or if in fact there is one but I could use some advice.

 

If there is anyone that could help with the legality of an Assured Short term Tenancy Agreement for a commercial premises that I have an issue with could you please let me know and I will explain

 

Many thanks

[AndyOrch]

Hi ...I have moved your topic to the relevant forum Residential and Commercial lettings/Freehold issues...please continue to post here to your topic.

 

If you care to expand ?

 

Andy

[Shazam1966]

O thanks Andy!,

 

Ok my issue is this, I recently rented a small commercial premises for a food business.

 

It is at the back of a retail shop which is owned by another business. There is a connecting door between the two which is just a wooden panel so I didnt realise at the time it was actually a door.

 

When I went to view, the landlord said that the electricity was shared between the two units and the water which is metered was shared by the unit i was interested, the shop at the front, another shop attached at the side and the residential flat above.  He also went on to say that the electric was to be paid monthly by standing order to the landlord and gave me the amount to pay and the water was dealt with by the shop at the front and he went and asked the shop owner how much I would need to pay for that.

 

After moving in on my first day, the man from the shop opened this connecting door into my unit and told me that I had to move my fridge away(i positioned it in front of the panel as this was the best place to put it) as it was a fire door.  He then went on to add that it had to be kept clear because all of his fuses and electrics were in my unit and they quite often tripped and if I wasnt there he would have to come in and switch them back on.  This was a complete suprise to me and I wasnt happy about him just being able to let himself in especially because I am running a food business.  I was never told by the landlord that the shop needed access for his electrics, had I of known that I would not have took it on.

 

There are also several other issues which I am not happy with, I have been there 2 months and it has become apparent that the room where the electrics are and where stock is kept has become very damp and black mold is appearing on the walls.  I am guessing its because I cannot open the window.  The window has apparently been screwed shut because the landlords wife had a break in when she was there.  I asked the landlord to fix it so I could open the window but he said he couldnt and told me to open the door instead.  I dont feel happy leaving the door open, especially at the moment as I am working alone preparing food for delivery.

 

There is a  lot of aggravation it transpires with regards to the water billing situation as there are several tenants accessing the supply and all using different amounts but all arguing about how much they should pay.

 

The toilet is outside and I was told it was shared by the shop and myself.  That is not quite true as it is actusally shared also by the other shop and all their customers.

 

there are also other petty issues but the final straw came when on Easter Sunday evening I had to go over to the unit at 9 o/c at night because I had to switch on the shops electric as they had tripped.

 

Its really not what I thought so I gave the landlord a months notice but he has just advised me that I signed  to 2 months notice (should have read the lease properly).

 

I dont want to be there another 2 months, so I am asking if the lease I signed is legal and binding.  It says on the top its a Assured Short term Tenancy Agreement.  I thought they were only for residential tnancies?

 

Any advise  as to whether I can be held to 2 months would be greatly appreciated.

[AndyOrch]

Quote

 It says on the top its a Assured Short term Tenancy Agreement.  I thought they were only for residential tenancies?

 

 

Correct...its not applicable to a commercial property...nor is multiple tenancies ideal as you have found when it comes to access /electric/water.

You should have a Short Term Commercial Lease.

 

Walk away and find a suitable empty property.

 

Andy

[Shazam1966]

Yes I had a feeling that was the case.

 

I have emailed the landlord and said I thought 1 month was fair but he has come back stroppy and said no you have to give 2 months.

 

My rent is due this weekend and I planned to just give him payment upto the end of when I planned to vacate which isn’t a full month but now I am thinking that I will have too as he may get really stroppy and change the locks so I can’t get all my stuff out.  He also has my deposit which I doubt I will see again.

 

is there anything I can do when I vacate to come back at him?

 

many thanks

[slick132]

Hi Shazam,

 

From what you've said, it sounds like the LL is not too concerned with following rules and regs re water, electrics and so on.

 

Others may advise better but I suggest you tell the LL they are letting premises in a manner contrary to recognised rules and regulations and, if they insist on demanding the 2 months rent, you will contact the local council and other bodies as necessary.

 

Furthermore, I would be disinclined to even give a months notice - get your stuff out and end this business relationship as soon you can.

 

What's the monthly rent and how much did you pay as deposit ?

[Shazam1966]

Hi Slick132,

 

The rent is £400 a month and the deposit I paid was £300.

 

Not a lot of money really but we are a tiny business only going since middle of last year.  Luckily is just me and my husband still being able to work safetly, I do the food prep and he delivers (Contactless) and a lot of people are relying on us especially at the moment.

 

The problem we have is I am sure that if I dont pay anymore rent he will change the locks and I wont be able to get in which means we cant work and our customers wont get their deliveries which will have a huge impact on all of us (we are not eligible for any government help as we are a newish business).

 

We only have a small vehicle and it would take a good few days to clear out all our stock and equipment and we cant get help because of whats going on so I think we are just going to have to pay another months rent and appear to be playing ball until we can get everything out.

[slick132]

If you need to stay there, you'll have to pay.

 

But it sounds to me like the LL is operating with very little regard for rules and regulations. You also don't have exclusive access to your own work area. This is not ideal in terms of food preparation and hygiene, or the security of stock and equipment.

[Shazam1966]

Yes I know I will pay 1 month but I am not paying 2.  It will give me time to move my things out and then wait for the crap to hit the Fan!!  He has totally disregarded all my issues so as long as I know he cant legally pursue me for the other months rent he can go swivel.  He can keep the deposit for the utilities which would probably be about right.