What happens if I discover a major problem (eg a structural problem) after I have taken a lease?

 

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Nick Abell

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23. What happens if I discover a major problem (eg a structural problem) after I have taken a lease?

If you are liable for maintenance and repairs, then you usually have little redress against the landlord for such problems. Depending on the terms of the lease, you may have some right to claim compensation from the landlord (or to stop paying rent) if the problem stops you from enjoying your right to use the premises. As always, the terms of the lease are the key factor.

You might have a claim against your surveyor - or even your lawyers - if the problem is one which should have been identified by the survey (or as part of legal due diligence).

Even if your lease puts you in a weak position, there may be scope for negotiation. For example, you might be able to negotiate a contribution from the landlord towards any necessary improvements on the basis that the landlord will ultimately benefit.