Tenant wants to take shop interior when she leaves?
I bought a property 8 months ago which contains a lock up shop. The tenant who has been there since 2007 has given 3 months notice to quit.
She says that when she moved in she had a wooden floor, kitchen sink and cabinets fitted.
She says that as they are her property and she will take these fixtures with her when she leaves. This will completely trash the interior
The shop had a tenant before her so I presume there was a floor and kitchen fitted then
I may be able to find this out from the previous owner.
Can she do this?
Dennis
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Member Since February 2011 - Comments: 3453 - Articles: 286
10:49 AM, 27th July 2015, About 11 years ago
Hi Dennis,
If in doubt have you checked the lease agreement with the solicitor you used to purchase the property yet?
Member Since November 2014 - Comments: 63
11:26 AM, 27th July 2015, About 11 years ago
Is the tenant holding over?
The items may or may not belong to the tenant, however the lease will more than likely set out the condition in which the tenant must leave the property.
It would be usual for the tenant to be obliged to leave the property in good order, often regardless of the condition at the outset unless a different standard was agreed prior to commencement. SO if they do remove the items they will need to make good, it would also be usual for the lease to make the tenant decorate.
It probably worth consulting you commercial surveyor to see if you have a dilapidations claim, if there is a claim it would be usual for your surveyors costs or at least those for preparing the schedule to be recoverable.
Member Since July 2014 - Comments: 151
12:20 PM, 27th July 2015, About 11 years ago
I assume the key will be what can be proven. If there is no inventory from when she moved in and/or if she has reciepts of the improvements she made then it could be difficult. She must leave the property in the state it was when she moved in, allowing for fair wear and tear, so the question remains what was the state when she moved in and can either of you prove it?