Friday, September 13, 2019
Landlord and Tenant Law Essay Example | Topics and Well Written Essays - 2000 words
Landlord and Tenant Law - Essay Example In the beginning, Able began extensive work on the unit. But the directors of Able soon discovered that the turnover from trading was not going to be as profitable as they had hoped. Hence, the extensive work to the roof was never completed. Although watertight, the roof is unsightly and not up to modern standards. In 2002, Able discovered that the concrete used to form the basis of the floor of the unit was not of the correct type. As a result, the surface had become crumbly and difficult to walk on. The only way to solve this problem would be to excavate the floor and lay a new one at a cost of GBP 250,000. Instead of undertaking any work, when the problem first became acute, Able laid metal sheeting on the floor as a temporary measure. The extractor fans fixed to the walls of the unit have ceased to function and when Able obtained quotes for installing new ones, they discovered that the original manufacture had gone into liquidation and new ones would have to be sourced from a different supplier. The new fans would be larger and require extensive installation work estimated at GBP 20,000. A director of Able has discovered second-hand fans which could be installed at a fraction of this cost. But these are older models than those currently installed and only work at half efficiency. Recently, surveyors instructed by the landlord have inspected the unit. On the basis of their calculations, the landlord claims that the cost to Able of complying fully with the covenant at the end of the term will be GBP 360,000. This includes completion of the work on the roof, laying a new floor, installing new fans as opposed to second-hand ones, and carrying out other miscellaneous works. The directors of Able are furious, especially since they have discovered that the landlord has submitted a planning application to the local planning authority under which the present unit would be demolished. The Questions The rent details, that is the amount of rent payable, and if any deposit had been paid to the landlord, are not provided. Details regarding the manner in which the lease agreement was made are also not provided. Was the agreement made through lawyers Were lawyers engaged by the landlord when the agreement was made Did Able engage lawyers to make the agreement It is important to know the answers to these questions in order to pinpoint the correct answers. It is possible to surmise the consequences in the absence of these answers. The information pertaining to the circumstances that have led Able to seek legal position are there. On the basis of these information provided the solutions to the issues raised will be given. The Cost of Repairs It appears that the premise is not suitable place to work. The premise needs long-term repairs and fixtures for long-term, problem-free use. Nevertheless, Able has gone ahead and made an agreement with the landlord for use of the premise for 15 years. The place was thriving at that time. Therefore, the directors of Able might have felt compelled to take the place on long-term rental basis, even willing to go along with
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