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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7434
Experience:  BA (Hons), PgDip, Practising Solicitor
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Shop owner sign damaged

Resolved Question:

The shop owner had installed a new sign when he signed up for the lease many years ago. The wall behind the shop sign is damaged, and needs immediate repair. The relative of the shop owner have sent email to me confirming that they will pay for costs of repair, once I have got shop sign repaired my builder. However, the email confirm is from the relative (looking to sign as new tenant) and not the original leasee who is his auntie. What legal confirmation should I get from them? Should I get a confirmation of acceptance of paying for damage from both the shop owner and the relative? I have got shop owners rent deposit in my account, which I will be able to use as collatoral against shop owner if expenses not paid up. Is this enough? What else do I need to do to ensure that they do not escape these repair charges?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Are you to carry out the repair before or after execution of the new lease?

Will the new tenant pay for the costs of repair even if they do not eventually enter in to the lease?

Customer: replied 4 years ago.
It depends on my builder if he gets back to uk in time. Most likely he will return end of april, and lease renewal is end of april, so most likely he will do it after lease renewal date.

The copnfirm has come not from the tenant, but from the relative who is just working there, and wants to take up lease as new tenant.

I will be able to ask relative to ask shop owner to come to shop and then get her to sign confirm letter, or I will give her letter saying that her deposit will be held if damages not paid for.

Is this correct. What is the right procedure?

Expert:  Thomas replied 4 years ago.

Thanks for your reply.
It would be much simpler if the new tenant simply transferred you money in order to pay the builder, rather than incorporate it in to the Lease. Obviously you would have to give him a written statement prior declaring that the transfer of the money would be used only for the purpose of the repair and that you will provide them with a receipted invoice from the builder once their fee are settled.

The alternative is for the builder to invoice the new tenant separately but if the new tenant does a runner then no doubt the building would come chasing you.
If it’s to happen after the new tenant has taken the grant of lease then you should take monies on account from him upon and subject to completion of the lease. A short clause in the lease should state that the monies are in respect of the repair and that the new tenant shall have no right to object to the use of those monies for the repair.

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