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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I own a shop but rent my property off a landlord. Last year

Resolved Question:

I own a shop but rent my property off a landlord. Last year I had to shut the shop for a week as there was dry rot in the floor which caused it to collapse in places. My landlord used his own builders to repair the work etc but I asked him to compensate me for loss of earnings for the week which he wont do. He said he would ask the insrance company but says they wont cover it and I have to claim on my own insurance which I dont think I should.
Please could you advise me of my rights if I have any.
Many thanks
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

What does the lease say about who is responsible for repairing the floor?

Tom
Customer: replied 1 year ago.


did you get my response to this question?


 

Expert:  Thomas replied 1 year ago.
Hi,

Do. Please just post your reply to my info request here...

Tom
Customer: replied 1 year ago.


hi, the contract says:


The landlord is to maintain the state & condition of


a) the structure, outside roof, foundaions, joists, floor slabs, load bearing walls,beams & columns of the building.


 


which he did but its the loss of earnings I am claiming for while I had to close the shop

Expert:  Thomas replied 1 year ago.
Right.

Was the shutting of the shop purely because it took a week for the works to be carried out?

Tom
Customer: replied 1 year ago.


yes I was unable to open as they had to rip all the floor up to put new joists etc in and the chemicals they used etc.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If you wished to claim monies from the landlord because of the disrepair then you would have to show that he has failed in keeping the floor in repair. Thus, it becomes a question of whether the dry rot was caused by the landlord or by the landlord not carrying out adequate checks.

If you were able to prove that the landlord did not carry out reasonable checks on the floor which would have revealed the start of dry rot which and for which less obstructive preventative action could have been taken then you would be able to claim damages from him. However, it seems to me that this might be difficult to do, firstly because of the lapse of time and secondly because he used his own builders (who are not likely to be particularly responsive when you ask them presumably).

However, there is nothing preventing you issuing an action because you are not time-barred in this regard.


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Kind regards,


Tom
Customer: replied 1 year ago.


thanks, when I mentioned the problem to the lady I bought the business off she said the problem was there when she was in the shop which was over 2 years ago and the landlord has never been to check anything in the time I have been here, plus it is spreading to the front side of the shop now too.

Expert:  Thomas replied 1 year ago.
Hi,

I think you need to do a bit of research on dry rot and whether it can be seen under reasonable inspection.

If it can and your landlord did not make the inspection then it's possible you might have a claim. However, you would have to prove this.

Please rate my answer.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6524
Experience: BA (Hons), PgDip, Practising Solicitor
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