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Lunar_Chick | Can I seek compensation from my landlord for loss of business due to lack of repairs to the building? |
I trade from a unit in an industrial block under licence (rather than a lease). I have been asking my landlord to repair the roof for over 5 months now because it leaks in two places. I got so fed up that I even got a contractor in to find out what the problem was and provide a quote for repairs.
I have come in today after the heavy rains overnight to find part of the floor flooded. I rang the landlord and he told me his priority is to get another unit in order for new people before carrying out my roof repairs! I was insulted and offended by his comment.
Do I have any legal right to claim for repairs to the flooring that is now water damaged and subsequent loss of business whilst this is carried out? |
 |
 
Poetic
|
It all depends on what your license agreement says. If, as the question implies, the floor is your responsibility but the roof is the landlord's responsibility, the agreement should reflect that division. If not, you may not end up happy. One of the reasons many landlords invest in commercial properties is that maintenance problems usually belong to the tenant, unlike in a residential situation where they belong to the landlord.
If the agreement does place responsibility on the landlord, you can sue for damages but be ready to prove your case. Use the estimate you got, for instance, to prove when you made a complaint. If you are going to sue for loss of income, be prepared to prove the reason and amount of loss. Photos and witnesses can prove the reason. Past records can be used for comparison purposes to prove loss of income. I would be prepared to show two or three years of monthly breakdowns, with the months on the either side of the problem months used to prove the annual trends and the complete annual breakdowns used to establish the seasonal ups and downs.
Hope this helps. |
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OZ2003
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Yes you can, first I would threaten him for small claims court, if that doesn't work, research and contact a good lawyer. Review your lease, make sure there are not any clauses on repairs, but you do have tenant rights! |
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achrimsdale
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Flooding due to rain would be a claim against your insurance company, you could then claim for loss of income and earnings.
You do have insurance don't you?
. |
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annrowe52@btinternet.com
 |
First of all, go and see a solicitor and ask what your rights are, as i am sure he has to maintain the outside of your building, if the solicitor think you can claim ask for a letter first of all to be sent to the landlord saying that you have every intention to take him to court over the state of the building and lose of earning, if the building is not put in to good order within seven working days, that should move him. |
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Maxine
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Depending on the state you live in. Please, try to do something. This is not fair. Landlords are notorious for neglecting current tenants over getting more in.
Get all your records of proof together showing past profits and projected profits. Then, make a few phone calls. Or perhaps another answer can tell you exactly who to contact.
Time lost is money lost.
Best of luck. |
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baha_smokey
 |
You should be able to get compensation from your insurance due to the landlords negative attitude.The insurance company,far as I am aware can go after the landlord for the monies if they have to carry out repairs.I am not sure where you live,but there should be some kind of tenants laws where you are.If all else fails,you can hire a lawyer as you have damaged goods.Make sure you put it in writing to your landlord as to what actions you will be taking.Make sure you have a copy as well.Most are given 30 days to carry out repairs.GOOD LUCK!! |
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Bill F
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YES You do 100%
Conatct YOUr Local city agency about tenants rights and Landlord rights they will get him to fix it !
That is an dirty dangerous conditon you live with what's next ? The Roof crashing down on the floor is what !
http://home.comcast.net/~freecoupons7
free advertisng for YOUR Business pay only for results |
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john l
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Poetic Has got it right. Get your proof, including snaps, letters and details of phone calls > Get to a solicitor as advised. Check you position then go for the jugular. Why should you be out of pocket because of your landlord.
Along with damage and loss of earnings I am sure this has caused you undue stress and worry so add that to your claim. When you are not in charge of something and get no response from those who are it is very vexing.
Good Luck, although I am sure you will find everything will work out OK. |
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Shaun H
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get a lawyer |
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MARIAM S
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You can take him to court for disrepair! quite frankly i think the property is inhabitable. |
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