Leasing a shop, full repairing lease nightmare!

[Carlalouise]

You know when somethings going too well that it's too good to be true!!

My solicitor today has told me not to sign the lease to a shop this Friday because the full repairing lease is stipulating I'm responsible for the whole building including a flat they have occupied above and their garden of which I have no access!!

Apparently I have to get insurance for the whole building, and be responsible for all repairs the landlord deems fit to carry out, for example if they decide it needs a new roof, new windows, garden needs landscaping I can be billed thousands for it!!

I'm really upset because I asked the solicitor if there was any way forward as I am obviously prepared to be responsible for insurance of the shop including the window and be responsible for the inside of the shop but he said no I would have to take a risk, say "no it's not acceptable" to the whole thing and hope they take it out!!

I'm so upset this is the 4th time I've nearly had a premises and something has gone wrong.

Has anyone else had this in their lease or negotiated regarding this??

Please help, I can't afford to enter into an agreement that could leave me financially crippled but I don't want to lose this opportunity :Scared:

 

[Macoroni]

Do not sign a full repairing lease no way no way ! Thank your lucky stars your solicitor advised you of this ! Wait until the right property comes up and it will too stressful to sign for repairs x good luck

 

[classixuk]

Every commercial lease I know of is an FRI lease, however not for the flat and the garden etc. attached to the property if you have no access to them.

Keep searching!

 

[jojo@tranquil]

I pretty much thought an FRI lease was the norm for most commercial property's ...

 

[emcmillan]

My hubby nearly signed a lease for a yard on frl, luckily we said to our own letting agent and he said not to touch it with a bargepole! His previous job was to go in after to properties to basically find things that needed repairing to bill the tenants for thousands of pounds, i dont have a shop front as i will be mobile so im not sure if salons are different to builders merchants but we are looking at agreements without this clause! Scotland may be different to down south though!

 

[Carlalouise]

I'm more than happy to be responsible for the part that I'm leasing but not the flat who the landlord has tenants in or a garden I don't even have access to, I thought the full repairing lease was for the bit of the premises I was using the shop front, fascias the inside of the shop, I shouldn't be expected to pay for something that I don't have anything to do with, have no control over and has no value to my business.

My solicitor and the agent are going to go back to the landlord and ask for an internal repair only lease, keep your fingers crossed for me, hopefully the landlord will be reasonable.

 

[jojo@tranquil]

Sorry I have just re read your post ! Fingers crossed he will be reasonable, you certainly shouldn't be responsible for the flat or the garden.
Hope you get it sorted if not something else will come along xx

 

[Beansy]

If he agrees to internal repair only, he may review your rent.
From a surveyors perspective ( I had a surveyor review mine) if you're taking the 'hit' by having a FR lease then the rent is generally lower. If you won't be carrying the liability of the external you would normally pay a higher rent. Might be something to watch for.

 

[Carlalouise]

Thank you everyone for your advise and support, the landlord has agreed to an internal repairing lease, rent staying the same but it will be outside the landlord tenant act, which means I don't automatically have a right to renew, this is because if she wanted to sell it's not easy if you haven't got a FRL. However she said the property has been in her family for over 60 years, they don't want to sell and she wants to keep me in there for as long as possible.

Phewww!!!

 

[heaventherapy]

So pleased I read this post. I am in the process of getting commercial lease and will now be very wary as we also have a flat above

thanks x

 

[Carlalouise]

So pleased I read this post. I am in the process of getting commercial lease and will now be very wary as we also have a flat above

thanks x

Good luck with it all, if I've highlighted a potential nightmare for someone else leasing a property then that's brilliant. I've been really lucky, my solicitor knew what he was looking for and I've also got a landlord that said "ok we will change it" :wink2: