Landlord Issues.
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Discussion

cindychops

Original Poster:

409 posts

188 months

Friday 17th July 2015
quotequote all
A bit of advice needed please,about 3yrs ago i rented a retail premises on the high street for £60.00 pw and the agreement was cash paid weekly with no contract.I pay all the utilities/rates and keep the premises in good order,I have even tidied the front up and had a proffesional sign installed.
There is a flat above me that is occupied by an individual that the government pays £70.00 pw direct into his bank account needless to say he never goes up there just as long as he gets his money.
About 3 weeks ago there was water dripping from the ceiling that went onto my rework station(a few weeks old) and it damaged the heating element!
The landlord was notified and i requested that could he claim or pay for the parts(i also lost 3 days of work due to it being broken)His response was just move my equipment to were its not going to get wet.
When i said i would be better of moving if the problem is not fixed he said he wanted ALL the stud walls removing and my counter/sign/eletrical sockets removed aswell!
So i paid him £20 rent as he owed me £40 but he wanted to pay it off at £10 a week..........
Fastforward to yesterday when lots of water came through the ceiling onto my laptop and customer machines,there nust have been about 2-3 cm of water.I turned the water off for upstairs which slowed it down but has now started dripping off my light fittings!
Everyone i have spoken to says i should withold this weeks rent till the problem is sorted but i know the landlord thinks i'm a soft touch and would bully the rent from me.
Are there any amicable legal things i can do or should i just mtfu and tell him to do one?

JustinP1

13,363 posts

260 months

Friday 17th July 2015
quotequote all
You have insurance right?

cindychops

Original Poster:

409 posts

188 months

Friday 17th July 2015
quotequote all
I have insurance but my landlord is not willing to clain on his due to his excess and why should i pay more come renewal time for something that is not really MY fault?

TooMany2cvs

29,008 posts

156 months

Friday 17th July 2015
quotequote all
Who your claim is against depends on what's caused it. If it's a leak in the actual plumbing, it's the landlord's problem. If it's the tenant upstairs doing something stupid or negligent, then it's their problem, not the landlord's.

Having said that, though...
cindychops said:
The landlord was notified and i requested that could he claim or pay for the parts(i also lost 3 days of work due to it being broken)His response was just move my equipment to were its not going to get wet.
When i said i would be better of moving if the problem is not fixed he said he wanted ALL the stud walls removing and my counter/sign/eletrical sockets removed aswell!
So i paid him £20 rent as he owed me £40 but he wanted to pay it off at £10 a week...
...this is a clue that you really do need to move...

Du1point8

22,941 posts

222 months

Friday 17th July 2015
quotequote all
If you knew it was dripping why did you have equipment there overnight? Or is this a different location that its dripping through?

A bucket would be my first call to stop more damage.

surveyor

18,705 posts

214 months

Friday 17th July 2015
quotequote all
Anything in writing?

cindychops

Original Poster:

409 posts

188 months

Friday 17th July 2015
quotequote all
TooMany2cvs said:
Who your claim is against depends on what's caused it. If it's a leak in the actual plumbing, it's the landlord's problem. If it's the tenant upstairs doing something stupid or negligent, then it's their problem, not the landlord's.

Having said that, though...
cindychops said:
The landlord was notified and i requested that could he claim or pay for the parts(i also lost 3 days of work due to it being broken)His response was just move my equipment to were its not going to get wet.
When i said i would be better of moving if the problem is not fixed he said he wanted ALL the stud walls removing and my counter/sign/eletrical sockets removed aswell!
So i paid him £20 rent as he owed me £40 but he wanted to pay it off at £10 a week...
...this is a clue that you really do need to move...
He won't even enter the premises upstairs but surely how hard can it be to lift a few floorboards to see what is causing the problem,i know if i do with hold this weeks rent he would go mental!!!!!

Du1point8

22,941 posts

222 months

Friday 17th July 2015
quotequote all
cindychops said:
TooMany2cvs said:
Who your claim is against depends on what's caused it. If it's a leak in the actual plumbing, it's the landlord's problem. If it's the tenant upstairs doing something stupid or negligent, then it's their problem, not the landlord's.

Having said that, though...
cindychops said:
The landlord was notified and i requested that could he claim or pay for the parts(i also lost 3 days of work due to it being broken)His response was just move my equipment to were its not going to get wet.
When i said i would be better of moving if the problem is not fixed he said he wanted ALL the stud walls removing and my counter/sign/eletrical sockets removed aswell!
So i paid him £20 rent as he owed me £40 but he wanted to pay it off at £10 a week...
...this is a clue that you really do need to move...
He won't even enter the premises upstairs but surely how hard can it be to lift a few floorboards to see what is causing the problem,i know if i do with hold this weeks rent he would go mental!!!!!
Could you not go up and see what is happening, then you are not on here say from the LL?

If there is a sink/bath, etc above your work area and then check the piping, or organise a plumber to do an inspection.

Might be the best £100 you have spent.

Although it sounds like LL might not have insurance if they are that tight.

cindychops

Original Poster:

409 posts

188 months

Friday 17th July 2015
quotequote all
Du1point8 said:
If you knew it was dripping why did you have equipment there overnight? Or is this a different location that its dripping through?

A bucket would be my first call to stop more damage.
It is dripping through various locations and the artex has started to sag,I pay my rent weekly and never cause him any hassle.When i rang him up yesterday to say it pissing down he said he had frozen food and was unable to help.I have no agreement as it was verbal and i can leave without notice but after 3yrs getting established and a good customer base is a major ball ache!
I'm still waiting to hear from him.

TooMany2cvs

29,008 posts

156 months

Friday 17th July 2015
quotequote all
cindychops said:
He won't even enter the premises upstairs
He can't, without the tenant's approval.

cindychops said:
i know if i do with hold this weeks rent he would go mental!!!!!
You have no legal grounds to withhold rent.

cindychops

Original Poster:

409 posts

188 months

Friday 17th July 2015
quotequote all
TooMany2cvs said:
You have no legal grounds to withhold rent.
But i thought he had a duty of care to his tennant (me) so i can work without having water(it may not be fresh).


wc98

12,763 posts

170 months

Friday 17th July 2015
quotequote all
cindychops said:
It is dripping through various locations and the artex has started to sag,I pay my rent weekly and never cause him any hassle.When i rang him up yesterday to say it pissing down he said he had frozen food and was unable to help.I have no agreement as it was verbal and i can leave without notice but after 3yrs getting established and a good customer base is a major ball ache!
I'm still waiting to hear from him.
tell him you are going to phone the police the next time. i have a funny feeling the water is not coming from a bust pipe . his reaction will be a clue to whether it is a genuine leak or not.

Bluebarge

4,519 posts

208 months

Friday 17th July 2015
quotequote all
TooMany2cvs said:
cindychops said:
He won't even enter the premises upstairs
He can't, without the tenant's approval.

cindychops said:
i know if i do with hold this weeks rent he would go mental!!!!!
You have no legal grounds to withhold rent.
But there's apparently no contract (see OP's first post).

cindychops

Original Poster:

409 posts

188 months

Friday 17th July 2015
quotequote all
All i want is to be able to work without customers property not to be at risk?is that too much to ask for.

Du1point8

22,941 posts

222 months

Friday 17th July 2015
quotequote all
cindychops said:
All i want is to be able to work without customers property not to be at risk?is that too much to ask for.
Sometimes you need to be proactive about things if they don't magically solve themselves.

Take a few minutes out and see if the tenant is in upstairs and chat to them, looks like your LL is doing nothing at the moment, so you keeping on stating the above statement is never actually going to improve the situation to one of your liking.

Tom_C76

1,923 posts

218 months

Friday 17th July 2015
quotequote all
If you've spent 3 years building your business up, why haven't you got a proper contract in place to deal with things such as this?

If you make a claim on your insurance, your insurers are likely to go after the landlord or upstairs tenant for their costs in meeting the claim, so why not make it their problem? That's what you pay the premium for at the end of the day (assuming you are covered for this sort of problem). Alternatively, does your business cover come with legal advice cover? It most likely does so try there.