Any experts on lease of property??
Any experts on lease of property??
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Discussion

Emsman

Original Poster:

7,377 posts

220 months

Friday 26th March 2010
quotequote all
Hopefully quite simple.

A friend of mine has recently come to the end of lease of his unit.
He gave the required period of notice, all fine there.
The surveyor has compiled a delap report for the landlord, and is charging it to the tenant- is this normal?
Also, it was a ten year lease, my friend took it over from another individual three years ago. The unit has never been painted internally, neither has the landlord visited.
Question- is my mate liable to paint,re-carpet etc, even though he didn't take it on in a freshly decorated state- the lease says once every three years, it's been at least 6 since it was done. Should the landlord not have visited (or his agent) and ensure that this was done, or is my Kate going to get clobbered for the lot??
Any help appreciated.

Oh, and my mate is indeed my mate- alas I don't have a 'unit' or 'premises' even

louiebaby

10,979 posts

221 months

Friday 26th March 2010
quotequote all
Emsman said:
Oh, and my mate is indeed my mate - alas I don't have a 'unit' or 'premises' even
Oh no, what happened now???

davidjpowell

18,695 posts

214 months

Friday 26th March 2010
quotequote all
Emsman said:
Hopefully quite simple.

A friend of mine has recently come to the end of lease of his unit.
He gave the required period of notice, all fine there.
The surveyor has compiled a delap report for the landlord, and is charging it to the tenant- is this normal? Yes providing lease allows for it. It most likely will

Also, it was a ten year lease, my friend took it over from another individual three years ago. The unit has never been painted internally, neither has the landlord visited.
Question- is my mate liable to paint,re-carpet etc, even though he didn't take it on in a freshly decorated state- the lease says once every three years, it's been at least 6 since it was done. Should the landlord not have visited (or his agent) and ensure that this was done, or is my Kate going to get clobbered for the lot??

She should have made sure that the property was in compliance with the lease terms when she took it over, or alternatively collected the cash to do the work. There may be the opportunity to argue some of the cost or scope of the works
Any help appreciated.

Oh, and my mate is indeed my mate- alas I don't have a 'unit' or 'premises' even
As a final point, the damages are limited to the amount that this has damaged the landlords revisionary value. If it's a very old shed for instance, the fact that it needs a bit of work would probably not touch the rental value, and hence no loss.

PS Should be in Business really - it's where most of the surveyors hang.