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Fact Sheets

Frequently Asked Questions
Below are a few commonly asked questions...

1. My Lease is about to come to an end and I want to move to larger premises. My Landlord has just sent me a long list of repairs and demands that I carry these out before the end of the Lease. The property was a mess when I took over and I have improved it significantly. Do I have to carry out the repairs?

The issue of responsibility for repairs between a Landlord and Tenant is a very common problem. If the Lease is a full repairing Lease and states that the Tenant puts, keeps and leaves the premises in repair at the end of the Lease then the Tenant may very well be faced with a large repair bill to leave the premises in a much better condition that when he moved in. It is essential that the Solicitor acting for the Tenant clearly and concisely explains the nature and extent of the Tenants repairing obligations at the outset so that there are no misunderstandings at the end of the Lease. It is quite common to agree a Schedule of Condition of the premises and expressly state in the Lease that the Tenant shall not be obliged to maintain or leave the premises in a better state of condition.

 

2. As I've posted the keys of my shop back to my Landlord does that mean I no longer have to pay rent?

No, a commercial lease, protected by the Landlord & Tenant Act 1954 can only be brought to an end under the provisions of that Act on notice unless a surrender is agreed or the Landlord has forfeited the Lease.

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Useful Links

The Old Monastery, Windhill, Bishop's Stortford, Herts CM23 2ND
Tel: 01279 758080    Fax: 01279 467565    Email:office@pellys.co.uk
DX: Bishop's Stortford 50401

Suite 4 Second Floor, Ravenscroft House, 61 Regent Street, Cambridge, CB2 1AB
Tel: 01223 654220    DX: 131975 Cambridge 6

12 Market Walk, Saffron Walden, Essex CB10 IJZ
Tel: 01799 514420    DX: Saffron Walden 200303

Pellys LLP is a Limited Liability Partnership
Registered Office: The Old Monastery, Windhill, Bishop's Stortford, Herts. CM23 2ND
Registered in England and Wales - Registered Number OC309969
A list of members is available for inspection at our registered office
Pellys LLP is regualted by The Solicitors Regulation Authority

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