Commercial Propery Lease Question
Commercial Propery Lease Question
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Smiler.

Original Poster:

11,752 posts

261 months

Tuesday 25th November 2014
quotequote all
I have just vacated an office for which the lease ended in 2010.

After the lease period expired, I continued to rent the place on an ongoing basis with no formal agreement in place.

I have read through the lease document but cannot establish what my exit liabilities are given that the lease ended & none of the usual exit actions took place before the end or just after.

I've been in the place for longer than the actual lease term.


The landlord appointed a firm of surveyors to enter the property during the dilapidation works (I had no notification this was happening) & they then produced an embellished report.

Strictly speaking (reading the original clause in the lease appertaining to this), this could have been done at any time during the lease period or afterwards if the building was left is a state without dilapidations fixed.

The place has been decorated, cleaned & the flooring replaced. The landlord has accepted that I am not liable for any additional works.

My question is: does the original clause still stand that I am liable for his surveyor fees?


Had he had liaised with me before hand, I would have requested that they at least visit after the works had been completed to minimise their time spent & eye watering costs incurred.

TwistingMyMelon

6,517 posts

236 months

Tuesday 25th November 2014
quotequote all
You need professional legal advice , as obviously every lease is different

I would imagine there is some kind of clause that states "if this lease is not renewed then it roles on month by month and all the clauses still stand" (worded better than that obvs)

I'm not a property professional though


Googie

2,387 posts

157 months

Tuesday 25th November 2014
quotequote all
The answer will be in your lease but most commercial leases will give the LL a right to recover its costs of preparing a dilapidations claim including its service-the fact that your lease has expired is not a relevant consideration here. This is assumes that you have a dilapidation liability under the terms of your lease which I assume that you do.

PurpleMoonlight

22,362 posts

188 months

Tuesday 25th November 2014
quotequote all
The terms and conditions of the original lease continue to apply during the continued occupation, so if you are liable for the cost under the lease you will need to pay.