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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Where a tenant has occupied a commercial property before the

Customer Question

Where a tenant has occupied a commercial property before the lease (previously agreed to be an FRI lease) has been signed and caused damage to the property, who is liable to pay for the repairs?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Irwin Law replied 1 year ago.

Can you provide a few more details about the damage to the property.
Who caused it and how was it caused. Why is there now a question about who is liable?

Customer: replied 1 year ago.
The tenant was in occupation for a long period while a dispute was ongoing as to whether or not the tenant had an interest in the property (he did not). The damage is due to the tenant not carrying out proper maintenance eg severe damp due to gutters not being cleaned. The tenant is now refusing to sign the lease until the Landlord puts the property into the condition it would be in if offering it to a brand new tenant.
Expert:  Irwin Law replied 1 year ago.

Generally, under net leases the tenant would be responsible for something like gutter cleaning. With no lease agreement, the tenant can say he was not obligated to take care of the exterior weather related conditions. But the landlord can say that he had been there long enough to imply that condition so it might depend on how long the tenant occupied the building. The longer it is, the better off the landlord chances are of recovering. If the landlord feels he's being taken advantage of due to their situation, he can always kick him out and rent to someone else. . I hope that you will enter a positive rating for my Answer by clicking on 3, 4, or 5, for which there is no additional cost to you. Thanks again for using JUST ANSWER.