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Thomas
Thomas, Lawyer
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a Law Society lease on my dress shop. It states that

Resolved Question:

I have a Law Society lease on my dress shop. It states that the property should be kept in a good state of repair but I don't need to improve it. The roof needs replacing in one part and the rest repairing at a cost of £4500.
I have a great deal of expensive stock, which at the moment is at risk of being damaged. My landlady says it is my responsibility but I have been advised that this is not correct. I now don't know what to do.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

What caused the damage to the roof please?

Tom
Customer: replied 1 year ago.

The propert y is very old .

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

My first advice is to ignore what the agent and the landlord say. They are there to serve their own aims, not yours.

The roof could potentially be your responsibility to repair if it was not caused by a single act (eg. Which the landlord could claim on insurance for). Depending on how the lease is draft the roof could form part of the property which you are obligated to keep in repair.

However, if your solicitor advised you that the roof is not your responsibility then there will be a reason. They can either have demonstrate the poor repair of the roof and so the obligation to repair for your would not extend to it, or they could have carved the lease out of the property in it’s entirety.

You need to go back to your solicitor, advise them what has happened and ask them to refer you to the relevant portion of the lease which confirms that you are not responsible for the roof repair and why you are. Then speak to them about enforcing the landlord making the repair

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6304
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 1 year ago.


I need to know what a law society lease means when it says maintain but do not need to improve

Expert:  Thomas replied 1 year ago.
Hi,

"Maintain" would include the responsibility to repair the roof if it simply deteriorated through normal wear and tear and not because of some exceptional act which caused damage. They would have you on the hook.

Again though, you need to speak with your solicitor. They have specific knowledge of your lease and the pre-contract matters which were documented in correspondence. I do not. If they think that you are not responsible then the likelihood is that you are not.

Please remember to rate my answer.

Kind regards.

Tom

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