AboutMike Fortunato Expertise Can answer questions on all aspects of commercial real estate management, including lease administration, eviction issues, financial reporting and budgeting, asset valuation/enhancement, marketing & leasing, and site maintenance and repairs. 20+ years of real estate management.
Experience 20+ years in commercial management. Current own and operate property management company in southern California.
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hi, i have a clause in my contract which says; to do all the work to the property which any authority acting under an act of parliament requires, i understand the question but i wanted to know who the people are, the question refers to i.e do surveyors acting for the landlord with regards to a schedule of dilapidation in connection to assigning a lease come under this, as my landlord is trying to make me do repairs under this clause as the for silly things such as replace a hook on the back of a bathroom door which someone stole, as the sale/assignment fell through, as i took this clause as referring to authorities such as environmental health and safety, fire prevention officers, disabled organizations etc, human rights organizations, and not my landlord trying to flex his muscles
hi mike, sorry for confusing you, i shall try to elaborate a little more, the sale of my business fell through, am a lease holder and was aiming to assign the lease, when the sale fell through. my landlord (which incidentlly is the reason for the sale in the first place due to bullying, as he is redeveloping the site and wants the lease back as my shop is blocking an access on his new plans)is now ordering me to the work which was incomplete on my scheduel of dilapadation, (incidently they are not things which my lease requires but only touched on in this particular clause) as the business is not being assigned i do not have to redecorate for another 2 years, the clause that my landlord is refering to states that i must comply and complete all the work which is required of me by an authorised person or persons acting under an act of parliament, which i took as being authorities such as environmental health, trading standards, fire prevention, etc, and not my landlord using the dilapidation to flex his muscles as the serveyors dilap report is only a report of what the condition of the property is currently in and i understand this would be different should it be a final dilapidation connected to my lease ending but its not as the sale fell through. The clause is from a standard law society lease and reads:5. The Tenant is to comply with the following duties in relation to the property: 5.1 to maintain the state and condition of the property but the tenant need not alter or improve it except if required under clause 5.7 (5.7) to do the work to the property which any authority acting under an act of parliament requires, even if it alters or improves the property. before the tenant does so the landlord is to, (a) give his consent in writing to the work (b) contribute a fair proportion of the cost of the work taking into account any value to him of that work. my landlord is quoting clause 5.7 and to me this does not read that my landlord instructing me is an authorised person acting by act of parliament? niether do i belive that a serveyors record of the condition of the current state of the building come under this either as they have not instructed me to carry out any works either only simply logged what has been done and what silly bits have not. please help i have search all weekend on google looking for whom these "act of parliament implimenting authorities are" i am not a tight arse, i have simply totally maxed everything in connection to the potential sale, and my landlord is throwing anything he can at me, to make me hand over the key by breaking me finacially, (oh happy days)kind regards makyla
Answer Not sure what "Parliament" refers to -- I'm guessing you are overseas, possibly in Britian, and I'm in the US thus not familiar with the laws in your country. However, it does sounds as though you should consult a real estate lawyer on this before the situation gets too messy. From the clauses you quoted in your lease, it sounds as though you are required to make certain repairs, both to keep the property in good condition and to comply with any laws requiring compliance. If you are being asked to upgrade the property due to a regulatory agency, then you probably have every right to ask for proof of that demand. That would tell you if the demand is coming from the landlord, or a legitimate governmental agency.
The sale of your business is probably not a legal factor in all of this, even though I'm sure it impacts your personal situation. But if both tenant and landlord stick to the terms of the lease, neither party should be required to do any more, or any less, than what is written in the contract.
