Not fit for purpose

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Not fit for purpose

    I currently lease a commercial property and have done since May 2017. I signed my lease on a 2 year contract so it is not due to end until May 2019 however, the tenants in the flat above my property have been ridiculously noisy since moving in around July time and I am now loosing customers and receiving bad review because of the noise.

    My landlord owns both properties so I have spoke to them about the issue and they have had a word with the tenants but the issue is still on going and I don’t want it effect my business any longer.

    With the nature of my business, the atmosphere in the property must be a calm and relaxing one which at the moment it is the complete opposite.

    As the property is not fit for purpose can I give this reason to end the lease early?

    Any help or advice would be much appreciated as I have no idea what to do from here and very worried of my brand new business failing so early due to circumstances out if my control.

    #2
    Did you state the purpose, and the requirements before letting?

    Comment


      #3
      Yes the landlord was aware of the specific business which I was letting it for. The property is used for a bridal boutique so you would expect a calm, relaxing atmosphere which is not what I am getting at the moment.

      Comment


        #4
        Well my daughter's wedding was a pretty raucous violent affair. Most interesting but not relaxing in the slightest.......

        I guess it's whether it is within the usual range (say the 99% limits) of what you might expect for a flat above -- or something extraordinary. And even then I doubt you will have much luck ending the lease on this basis (but I know more about rental properties, commercial may be different, but I suspect not unless specified and quantified in a contract)

        Comment


          #5
          Is there any chance of landlord evicting tenant above and letting to you? Then you get to keep your bridal shop, and have control over noise from upstairs, because there will be none when you are in the shop.

          Comment


            #6
            As much as I would love to have the space upstairs, I really don’t need it so can’t justify paying for it.

            I also worry about waiting for any sort of eviction as this could take months so would carry on effecting my business for months. It is getting to be a busy time for me too so this is why I feel I need to do something quickly before I get a reputation for have an unpleasant atmosphere in my boutique.

            Comment

            Latest Activity

            Collapse

            • Rent review issue
              Charlie16
              I have a tenant on a lease with a five year term on a commercial property. The lease specified a rent review after 2,3 and 4 years. The lease also specified that the rent review should be determined by the RPI index and it specifies the mechanism for doing this. I duly calculated the rent review on...
              06-01-2019, 00:25 AM
            • Reply to Rent review issue
              Lawcruncher
              What does he mean by that? Is he saying that if the tenant does not like the result obtained by the formula or considers an incorrect calculation has been made that the tenant can call in a third party? That is not what an RPI clause should do. What it should do is obviate the need for negotiation and...
              20-01-2019, 12:48 PM
            • Reply to Rent review issue
              Charlie16
              My solicitor responded and he agrees that appointment of surveyor is what should happen if no agreement can be found. Funnily enough he hasn’t said the whole clause is badly drafted but then I never expected them to do so as they drew it up. Next steps are to make the tenant an offer to settle and...
              20-01-2019, 10:43 AM
            • Reply to Rent review issue
              Lawcruncher
              A properly drafted RPI rent increase clause should have two elements. One is the main part which sets out when the rent is to go up and how the increase is to be calculated with reference to the RPI; it should also provide for what happens if over the relevant period the RPI goes down. The other is...
              18-01-2019, 10:05 AM
            • Reply to Rent review issue
              flyingfreehold
              although one might think RPI linked leases give no room for maneouvre/negotiation; my experience is not so. Admittedly its rare but there was an occasion where RPI actually fell and this does result in possible differences in how the RPI linkage is calculated; which is why I would encourage making...
              18-01-2019, 05:13 AM
            • Reply to Rent review issue
              Lawcruncher
              A Calderbank offer is a special type of offer. It allows a party to make an offer which is without prejudice except as to costs. That is you can make the offer and then withdraw it. If you do withdraw it, it cannot be produced in court as evidence of your offer. However, if the other party held out...
              15-01-2019, 16:27 PM
            • Reply to Rent review issue
              rentreviewspecialist
              "I do know though that a Calderbank letter needs to comply with certain requirements and that one of them is that it contains a genuine compromise. Compromise is not applicable here…"

              A Calderbank is a without prejudice offer to compromise on the issue of costs. Compromise is...
              14-01-2019, 16:02 PM
            • Reply to Rent review issue
              Lawcruncher
              It does not though generally pay to give in to unreasonable requests. Give them an inch...

              By agreeing an increase lower than provided for you risk setting a precedent.

              Reasonableness does not really come into it. If you have a lease which provides for a rent of £10,000 p.a....
              14-01-2019, 08:54 AM
            • Reply to Rent review issue
              flyingfreehold
              This saga may end up in Court, with the tenant changing its mind and wanting to stay. Therefore I recommend you extract the office rpi figures and set out your calculations in the form of a letter, offering to settle at a few pounds less than your arithmetical calcs. Then if you do end up in Court the...
              14-01-2019, 05:28 AM
            • Reply to Rent review issue
              Lawcruncher
              If going for an RPI lease for your next tenant suggest to your solicitor he simplifies the RPI clauses. Starting from scratch with a precedent from a book would not be a bad idea.
              12-01-2019, 21:14 PM
            Working...
            X