Expert Advice on Industrial Property

1. Repair Obligations

Tenant to landlord/landlord’s agent: “Hi, could you get somebody to look at our roof, it’s leaking in about four places with this torrential rain.”

Landlord’s response to tenant: “I know it’s terrible, however, I’ve got to tell you that you signed an FRI lease so the roof is yours to keep in repair.”

Tenant to landlord/landlord’s agent: “What’s an FRI lease? This building must be 40 years old at least and it’s knackered.”

Landlord’s response to tenant: “It means full repairing and insuring, so the tenant has full repair responsibility, the landlord insures the building and recharges the cost to the tenant. Did you take advice before you signed the lease?”

Tenant to landlord/landlord’s agent:” #&%*!”  (Sound of phone slamming can be heard).

2. Rent Review

Tenant to landlord/landlord’s agent:” HI, could you help me out? I’ve just received a notice telling me that the rent is going up by about 80%, I’ve only been here two minutes!”

Landlord’s response to tenant: “I know it’s terrible, however, I’ve got to tell you that you signed a lease with an upward only rent review clause and you’ve actually been in occupation for 3 years, time flies doesn’t it?”

Tenant to landlord/landlord’s agent: “Well what can I do, I suppose I just have to accept it?”

Landlord’s response to tenant: “Unfortunately I can’t advise you what to do. Did you take advice before you signed the lease?”Tenant to landlord/landlord’s agent:” #&%*!”  (Sound of phone slamming can be heard).

1. Exclusion of the Landlord & Tenant Act 1954

Tenant to landlord/landlord’s agent: “HI, we can’t get into our unit today, it looks like the locks have been changed.”

Landlord’s response to tenant: “Let me check. Oh yes, your lease has expired and it’s excluded from the Landlord & Tenant Act. We’ve not heard from you about if you want to stay so it’s going back on the market”.

Tenant to landlord/landlord’s agent: “What do you mean by “excluded”, I’ve been here 5 years, you can’t just kick us out!”

Landlord’s response to tenant: “You signed something called a simple declaration before you moved in, it told you about your rights, or lack of them, at lease expiry. Did you take advice before you signed the lease?”

Tenant to landlord/landlord’s agent:” #&%*!”  (Sound of phone slamming can be heard).

2. Alienation

Tenant to landlord/landlord’s agent:” HI, could you help me out? I’ve just received an email telling me I can’t sublet the unit at the rent I’ve just agreed. I’ve got premises elsewhere now and need to get rid of this unit”. 

Landlord’s response to tenant: “Unfortunately you can only sub-let with landlord’s consent and the rent you have agreed is too low. Sorry, but did you take advice before you signed the lease?”

Tenant to landlord/landlord’s agent:” #&%*!”  (Sound of phone slamming can be heard).

1. Alterations to Premises

Tenant to landlord’s agent: “Hi, we’ve just had an email saying that we have to remove our air-con unit. Why, it gets hot in here!?”

Agent to tenant: “I’m sure it does, but you’ve cut holes through the landlord’s property without consent.”

Tenant to landlord’s agent: “But it’s only a few holes, what can we do?”

Agent to tenant: “Your landlord might agree a retrospective Licence for Alterations, but there will be costs attached, if not, you’ll have to remove the works and make good. Did you take advice before you signed the lease?”

Tenant to landlord’s agent: “#&%*!” (Sound of phone slamming can be heard)

2. Use of the Premises

Tenant to landlord’s agent: “Hi, we’ve just had an email saying that we have to stop selling stuff from our unit. Why, we’ve got to pay the rent somehow?”

Agent to tenant: “I’m sorry, but your lease restricts use to warehouse storage and a small office. You’re advertising retail sales and causing traffic chaos”

Tenant to landlord’s agent: “Okay then but what can we do?”

Agent to tenant: “It’s not straightforward, you would need your landlord’s consent and planning consent. Both are unlikely. Did you take advice before you signed the lease?”

Tenant to landlord’s agent: “#&%*!” (Sound of phone slamming can be heard)