Who should pay?
A client has a property at the top (3rd floor) of a building that houses a dental practice.
A lot of people use the main staircase over the other floors.
The dentists are saying that the tenants caused a lot of damage carrying a sofa up and down the stairs and that they are responsible for the redecoration. The tenants say no as there is a lot of traffic using the stairs and not all down to them so are refusing to pay anything – wear and tear.
Does the landlord have to pay the practice costs for redecoration because it is his tenants, if they won’t pay?
I feel they should share the cost between tenant and practice but the practice are refusing to pay too.
Any advice gratefully received.
Thanks
Maureen
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Member Since January 2011 - Comments: 12209 - Articles: 1408
11:46 AM, 24th October 2014, About 12 years ago
Hi Maureen
Sounds like fair wear and tear to me, on that basis property owner should pay.
.
Member Since July 2014 - Comments: 128
1:10 PM, 24th October 2014, About 12 years ago
Hi Maureen
It will be the Landlord of the building’s responsibility (i.e the Freeholder) to maintain the communal stairs which are a common area. Costs of redecoration due to fair wear & tear will likely be recovered from tenants (i.e. leaseholders) via the service charge.
The lease will give details of how the charge is apportioned. It will probably be an equal split, though could vary dependent on probable use of communal areas (this is often the case when there is a communal lift).
That said, someone causing extensive damage by carrying a sofa upstairs would normally be liable (I presume, directly to the Landlord of the building) for the cost of repair less an amount for fair wear & tear.
That’s the theory. Recovering the money may not be so easy!