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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I am self employed as a hairdresser

Resolved Question:

Hi I am self employed as a hairdresser and am renting the shop from Coastal Management Hove. Now I have a problem at the premises with the sewage system. The main sewage tank for the whole block was built in my baement so sometimes it really smells so much and this is not healthy at all. I lost most of my client in the salon because of the smell. Am trying to get my landlord to fix it but he is not replying but has the guts to as me to pay my last quater of the rent for this year. My question is I would love to leave and get a better place. How do I go about it??? Marie XXXX

Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Do you have a lease?

What rights of termination (eg. break clause) does this contain?

Tom
Customer: replied 1 year ago.

Hi Tom please clear me on this before we go further. I thought the £47 was for this one time to get an answer. I dont want to pay monthly. This might be the only question I will ever ask.


Marie

Expert:  Thomas replied 1 year ago.
Marie,

I'm an expert I don't have access to your account details. Once we are finished and you have rate my answer I will refer it to the moderators, who will then contact you.

Tom
Customer: replied 1 year ago.

Ok but atleast you can tell me if I can get my answers even if I dont sign up


for monthly subscription.


Marie

Expert:  Thomas replied 1 year ago.
Hi,

I can tell you that you will receive an anwswer from me for this question. Beyond that you will have to ask customer services once I have referred it to them when we are finised.

I am solicitor, I answer legal questions like yours. Customer services will know about your details.

Alternatively, I can apply for a refund of this question without answering and then refer them to you.

Your choice.

Tom
Customer: replied 1 year ago.

I have a lease contract which runs till 2014. I unfirtunately dont have it here with me to see the rights of termination.

Expert:  Thomas replied 1 year ago.
Thanks Marie.

Is the smell emanating from the tank a result of disrepair?

Should it smell the way it does if it was in good repair?

Tom
Customer: replied 1 year ago.

Actually the bmain sewe tank was buitl in the basement which is part of my premises. I use down stairs as a storage. So yes I think there would be no smell if the tanks were worked on. Or change to be outside as it is ilellag to build sewa tanks inside a building.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


In the first instance I would contact the local authority’s environmental department to inform them of the existence of the tank. If the tank is illegal or there is an environmental hazard as a result of it then they will serve an enforcement notice on the landlord requiring him to either carrying out remedial works or to have a new system installed.
You should check your lease to see if there are any break clauses which you can sue to terminate your lease. These would have to have been negotiated in to the lease at the start, so I would normally expect a tenant to be aware of one if there is one.
If the environmental department confirm the tank is legal and in repair and there is no break clause entitling you to terminate then you will have to check the lease to see if the there are express clauses which the landlord has not performed. These would be breaches of contact.
If the breach which the landlord has committed is so serious that it goes to the root of the contract so as to deny you the substantial whole of the benefit of the contract then you can claim that this is a repudiatory breach of contract. To terminate on this basis you would be able to prove the breach and that the breach was so serious that you did not get any benefit from the lease.
However, if you terminate the lease when you are not entitled to do so then the landlord will probably sue you for breach of contact.


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

before I rate to finish, one querry,I wouyld like to print the advice you sent me. Is that ok?

Expert:  Thomas replied 1 year ago.
Hi,

That's fine but the advice is general. If you wished for specific advice then you woudl have to instruct a solicitor directly and provide them with full information and then further information based upon their questions.

Tom
Customer: replied 1 year ago.

Okay now whats the next stage? I will print out then check my lease contract.

Expert:  Thomas replied 1 year ago.
Well, get in contact with the local authority and address your concerns to them.

Then check your lease to see about termination / landlord responsibilities etc..

Please remember to rate my answer, once you have I will refer the matter customer services so that you can address your account enquiry to them..

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

I submitted am waiting .

Expert:  Thomas replied 1 year ago.
Yes, please be patient.

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