Tenant with environmental health issues.

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  • #16
    Ah ok sorry to hear that. I thought they might have some kind of machinery you could serve a tort notice on. All I can suggest is writing to them to give them a certain length of time to clear the skips (you would have to allow entry just for this) and telling them that if it is not done you will do it and charge them. Probably you will end up doing that and then off to court to get the money (unless it is a Ltd company and decides to fold taking your money owed with it). Good luck.
    Unshackled by the chains of idle vanity, A modest manatee, that's me

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    • #17
      They've just settled their arrears so we've given them access. They're coming and going again so fingers crossed they're getting their act together.

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      • #18
        Commercial property leases generally will contain a tenant's covenant to comply with statutory laws, etc. Whether the op's lease contains such a clause would need to be ascertained from the lease.

        The purpose of a compliance with laws clause includes shift of responsibility for all statutory compliance to the tenant, where possible; remind the tenant of its responsibility to comply with statute; evidence the landlord's and tenant's intentions as to who is responsible for statutory compliance, (so that the court will have regard to this when apportioning the cost of compliance); and give the landlord a direct right of action against the tenant for breach of covenant, provided the statute in question does not contain cost apportionment provisions.

        Generally a landlord cannot enforce compliance with statutory law - that is for the appropriate statutory body to do. The landlord can however enforce a breach of covenant in the contract between landlord and tenant. But since the landlord's right to enforce a breach of covenant is discretionary - subject to any (implied) obligation on the part of the landlord for it to comply with legislation, etc - a statutory body, in this case environmental health, can only encourage a landlord to do so.


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        Disclaimer. Please note: I specialise in rent review and business tenancy advice but I am not a lawyer and not qualified to provide legal advice. The information (including comments, suggestions, and answers to questions - all of which is based on the law in England and Wales) I contribute to this forum and elsewhere on LandlordZone is not intended to be legal advice and is for educational purposes only. Generally, advice concerning business tenancies can only be considered on its merits, having regard to all the facts and circumstances. A questioner may omit information that is thought irrelevant but which an experienced adviser would need before being able to advise. Before acting on or relying in any way on information I contribute, you should seek detailed advice from your lawyer and/or your own advisers.

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