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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9211
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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UK Property Law We are about to rent a single sized garage

Resolved Question:

UK Property Law
We are about to rent a single sized garage for the purpose of storing and doing some work on a classic car in our spare time. It is one of several adjoining garages/workshops set around a central courtyard and originally a Victorian stable block.
We have just received the contract drawn up by the solicitor. There is no mention of what type of contract this is, the document is just referred to as the deed or lease.
We are happy with most of the terms and conditions but there are two clauses which we are concerned about, basically stating that, although it is the Landlord's responsibility to take out buildings insurance, the tenants must pay for the cost of this and also pay 'a proportion of the cost' of any structural repairs to walls, party walls and the roof of the garage as well as external decoration. We must also pay the landlords legal costs for drawing up this contract.
Our only experience is of ASTs as we have a buy-to-let property and know that, as landlords, we, not the tenant, are responsible for maintaining the structure and exterior of the property.
Please could you tell us if the above is standard with a lease of this kind or if we should/could ask the solicitor to remove the clauses making us liable for the structure and insurance of the garage?
Thank you.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

 

Hi there,

 

Thanks for your enquiry.

 

Could you please let me know the length of the proposed Lease?

 

Thanks

AL

Customer: replied 1 year ago.

Hi,
It states that the term is "to and including 30th October 2014"

Expert:  Aston Lawyer replied 1 year ago.

 

Hi again,

 

Thanks for your reply.

 

Normally, if a Lease of this type is over 3 years in length, the Tenant would be expected to refund the Landlord for the Buildings Insurance premium and also be responsible for the main structure.

 

As your Lease is just over 12 months in length, you should not be paying for either.

 

As it appears you are not using your own Solicitor, I think the Landlord's Solicitor may therefore just be chancing his luck and hoping that you just sign what he has sent you! (At the end of the day, us Solicitors have to try and get the best deal for our clients).

 

I would suggest that you ask for these 2 obligations to be removed, as this would be a reasonable and fair request.

 

You can always haggle if the Landlord is not prepared to give way on both issues, and if this happens, it all comes down to the bargaining power of each party.

 

I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.

 

Kind Regards

AL

 

 

Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 9211
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you very much for your help with this.

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