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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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In my lease to tenant of commercial shop, I did not detail

Resolved Question:

In my lease to tenant of commercial shop, I did not detail the parquet flooring. With new lease for new tenant, how would I detail this flooring, if they have covered over it? Also, wall behind shop need repair, so if builder does this work after new lease signed, how would I detail this damage in new lease?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Would you mind clicking accept to your other question before I answer this one please?

Expert:  Thomas replied 4 years ago.

Thanks for your accept on the other question.
I would impress upon you again that this is exactly the type of thing that a solicitor would do for you to make sure that no mistakes are made and would urge you to instruct a solicitor to do it for you.
This would be dealt with the in the definition of the “Property” in the new lease. The definition would refer to a plan delineating the extent of the land that they are to lease, but then in a scheduled definite of the “Property” it would state what was included (eg. Paint finishes) but what was also excluded. If you wished to exclude that element of the flooring (or the ceiling apart from the paint finishes) then you would list this as an exclusion in the scheduled definition of the property.
If there is a wall behind the area that is actually being leased in the new lease but is excluded from the definition of the property then this would be no problem. You would probably just acknowledge in the lease that you as landlord would be carrying out repair to it and that the tenant would not be able to object on the grounds that such repair impinges their right to quiet enjoyment of the property.
IF the wall is to actually form part of theproperty to be granted under the new lease then you would have to detail the works in the lease itself and state that you shall have the consent of the tenant to such works.
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Kind regards,

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