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Hi I am experiencing problems with a landlord . I have a

Hi I am experiencing problems with...
Hi
I am experiencing problems with a landlord .
I have a commercial property for which the lease expired 12 months ago who is persistently chasing my girlfriend for payment, claiming her to be my business partner without any shred of evidence. I am a sole trader but he has begun sending invoices to her home address.
He is also pressurising me to pay half towards windows he had installed to his property a short time ago. And only recently I had to make emergency repairs to a roof that was leaking into the property which he insisted was my responsibility.
I am keen to vacate the property but he has threatened me with a delapidation order despite the fact I have greatly improved his property since moving in only 2 years ago.
I am under great strain and pressure with my ailing business and am worried I will not be able to get legal representation.
Can you help?
Colin - 07576 453956
Colin
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Answered in 2 minutes by:
3/26/2013
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,637
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi Colin,

What payments in addtion to the windows is he claiming from you?

Do you consder that you are not obliged (having regard to your lease) to pay these amounts?


Tom
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Customer reply replied 4 years ago


Hi Tom


 


As I say the lease agreement actually expired last year, whether that is a factor or not I am not sure but he is a particularly unsavoury character. The invoice he has asked me to pay is payment for the windows which I have read is his responsibilty as a landlord. There is also a discrepancy on the invoice which he has refused to answer.


My main concern is that he is attempting to chase my girlfriend by sending her invoices to her home for payment ...is that not harassment?


 


Colin

Hi

Thanks for your patience.

If your girlfriends has not signed the Lease as co-Tenant or guarantor with you then he cannot pursue her. The amounts he is claiming are contractual amounts and your girlfriend is not contractually obligated to the landlord because he has no privity of contract with her.

She should write him a letter advising that she considers his conduct to be harassment, for which she shall complain to the police and also issue a civil application for a non-molestation order should the conduct continue.

You are effectively holding over from your original lease. Which means that the terms of the lease continues except that the lease runs from one rent period to the next (so one quarter to the next if you pay quarterly).

You need to consult the lease and see how far your repairing obligations extend. If your repair obligations do not extend to the amounts that the landlord is claiming then you should resist his efforts to get the money from your because they are simply not due from you.

If you wish to vacate the premises then I should think that you will have to give a notice period of one rent period in order to validly terminate the lease.


Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
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Customer reply replied 4 years ago

Hi Tom


Thanks for the reply.


Another issue is that whilst I was away on holiday he came into my shop pestering my sales assistant for a copy of the key, he returned on 3 separate days until she felt pressurised to hand a key over to him. Is he allowed to do this?


 


Colin

Hi,

It depends what the lease says.

The reality is that even if it says that he is not allowed a key then although it's a contractual breach which you can have rectified by recovering the key, there are no actual damages over which you can sue because there is no financial loss.

The police would also not be interested in it.

Please remember to rate my answer.

Tom
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Customer reply replied 4 years ago

Hi Tom


It is likely that he will take me to court for non payment as a result of the way the business is struggling. Will I be able to relate to the court his harassment of my girlfriend and the fact the previous tenant was locked out of his property containing hs property until his rent was brought up to date( that previous tenant is willing to testify as to his style of landlordship.? Plus the fact he has threatened me with a delapidation order despite my having spent over 10k on improving his property?


 


 


Colin

Hi Coolin,

If there are substantial amounts owing and the lease confirms that you are liable for them then they probably will be minded to sue you for it, yes. You need to check the lease to see whether you are liable or not first.

The harassmenet and previous conduct towards other tenants is not relevant to your liability under the lease I'm afaid, they are completely separate issues.

Unless the landlord agreed to release you from your repair obligations if you carried out improvements then the costs you have paid for improvements are also not relevant. These were your choice to carry out or not and if you had a short lease it was always a risk.

I'm very sorry.

Please rate my answer.

Tom
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