Any legal experts here?

Associate
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I dont know if its allowed, sorry if its not.

So here's my situation. I leased a commercial propperty back in April this year, a garage with lifts and mot equipment. 10 weeks into the lease the property was burned to the ground by two local youths.
My tools were insured, so I got some money for my losses.
It would be my understanding that the building, and any equipment already present at time of lease would have been upto my landlord to insure.
Being so early into my lease, my company had made very little money, certainly not enough to pay a lease for a building that had burned to the ground, and I couldn't make a living in. My landlord was unable to provide alternative premesis.
We came to a verbal agreement that I wouldn't pay rent till he rebuilt.
The building is almost complete now, and now he is saying that it is my responsibility to put new ramps and MOT equipment into the premesis if thats what I want. This will cost over £50k, and I really can't afford it, and I have told him so. His arguement is that he leased me a building, anything in the building already was just a bonus.
I have been helping with the rebuild, and have more than £1k of my tools and equipment in the building, which he gave me a key for, but has now changed the locks and is denying me entry.
He is now demanding the full 5 year lease up front before allowing me entry.
I don't understand why he has suddeny turned on me like this.
At the moment the only option i see is to let the company go bust.
Only discovered locks changed this morning, and unable to get legal advice today.

Any advice, opinions etc would be appreciated.
thanks.
 
Associate
OP
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The lease states that I am responsible for the maintenance and upkeep of the premesis, but does not specifically list equipment covered.
The larger point is, should I be expected to have been paying a lease for a building that didn't exist anymore, due to no fault of my own?
 
Associate
OP
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Aberdeenshire
My guess is someone else paid for the mot equipment previously and its effectively cost the landlord nothing. Now you're asking for new and he doesn't want to fork out. I expect he's wanting to lease his nice new building to someone else and wants you out.
He bought the premesis 3 years ago, all equipment lost was already there. The only money he spent in the time he owned the property was on a new roof as the old one was beyond repair. This was before I started renting. I worked for the company that previously rented from this landlord from the time the landlord purchased the property.

He expects me to see out my 5 year lease, and also replace the lost equipment. I can't afford to do both.
 
Associate
OP
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As an aside, what was your contingency if any of the equipment malfunctioned?

Was there prior agreement that this would fall to the landlords responsibility, or did he basically say if it breaks it's your problem.

It's always the tenants problem usually. They have to maintain and replace. With commercial buildings

The way the lease is worded is i'm responsible for the maintenance and reasonable upkeep of the fixtures and fittings.
I don't see how i'm responsible for replacing them before handing the keys back, whether its now or at the end of the lease.
If he didn't have his equipment properly insured, it's not up to me to put my hand in my pocket to replace his equipment.
If the equipment is included in the lease, he must provide it again, if it isn't included then surely i dont have to replace it.

Also with regards to what i am actually leasing it says "the workshop" at {address}
 
Associate
OP
Joined
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Location
Aberdeenshire
Update:
After getting our solicitors to talk it turns out that I was right not to pay rent while the building was burned down. The lease states that the rent will go on hold until the building is usable for the purpose it was leased.
As far as the ramps go, both solicitors agreed that it was the landlords responsibility to replace them as they were originally provided as part of the lease, and his failure to do so meant he was in breach of contract and the lease would be voided.

So while i'm glad that I don't owe him any money, and we have agreed that I can walk away, i'm still left with no business and no job.

Thanks for the advice/comments.
 
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