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jord35davies

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Does anyone know if the tenancy act of 1985 repairing obligations in short leases also applies to leased shops????????
 
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S

Spudnik

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  • #2
I think it depends on the terms of the tenancy agreement that was signed at the beginning.
 

bonjovi

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Arms
come on jason if your gona answer come back with a bit better than a guess we can all do that

ps i dont know but then i would not have stuck a reply in
 
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S

Spudnik

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  • #4
come on jason if your gona answer come back with a bit better than a guess we can all do that

ps i dont know but then i would not have stuck a reply in
Im not entirely sure where you are coming from here, but i gave an answer which may have steered the OP in the right direction as i have been in this situation in the past. This kind of thing is easily missed.

If you are unable to help then please do not post.
 
J

jord35davies

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  • #5
Hi,
thanks jason, no agreements where made by the guy leasing the shop.

Cut a long story short, I have this customer who leases a shop from the council and he sells animal supplies to trade and public.

He has leased the property for around ten years and has never had anyone to periodically inspect the property. Inside the property is a very old 3 phase board and a sub main also very old.
His argument is (and I totally agree with him) is that the council should send someone to check the condition of the electrics and possibly complete a peridoc inspection as it's their property afterall, but it states in bs7671 that periodics are not essential but rather a way of assessing the condition of the electrics. So in the councils point of view ''if its not broken ............... and the argument goes on.

I was wondering if anyone has had this situation in the past and what was the outcome??

Thanks for your help

P.S I'd rather if bonjovi would keep away from my posts and get out more or take your dog for a walk and find some friends.
 
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WarrenG

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  • #6
I think it is irrespective of who owns the property it should be tested, and if I were him and leasing the property then I would expect the council to do it every 5 years as a commercila property.

Can't see how they could refuse? unless like you say someone is visiting every so many months to check that it is safe and logging it?

Assuming it is a short lease contract?
 
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lister

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  • #7
Here's what I would do, but i must warn you i am devious,:cool:

Have you tried reporting a phantom fault to the council?:D

and see what there sparks says when he sees it, lets face it if he gets his nose inside your install he'll tell you what state it's in and take it from there.

Mr G, is that a spanish property or are you drinking what i'm drinking?:D
 
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J

jord35davies

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  • #8
yeah thanks guys. Great help
 
S

Spudnik

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  • #9
Well yes, PIR's are just an assessment of the condition of the install and there are recommendations in 7671 as to the frequency and type of install.

This is tricky, especially as there is no written agreement that was signed at the start of the lease.

My thoughts are that if the tenant has no contract but has employees that work on the premises, then although there is no legal requirement, he still has a "duty of care" to the workers.

This could also be turned around to the council having a "duty of care" as they are the owners of the property. Similar to renting out a car without an MOT.

I do PIR's for a landlord who rents out student digs, and its the same with regard to the lack of legal responsibility but still has D.O.C.

The tenant may be able to use this as a bit of ammo with the council.

Hope that helps, if only a little and its a better guess than my first reply:D
 
W

WarrenG

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  • #10
Mr G, is that a spanish property or are you drinking what i'm drinking?:D
Long day mate......and I wished I was drinking what ever you are drinking!

Surely the Council have a duty of care for their own property, just as a private landlard does with theirs??

Maybe he could ask his insurance company to request a PIR??
 
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