Establish liability for repairs at the outset

One regular topic raised by readers concerns their liabilities in respect of their properties. Tenants and lessees regularly contact me with sorry tales about leaking roofs, unstable walls, and other problems that make many pubs sound positively dangerous. One reader took over a pub which he says was "very run down" and now the roof is leaking. The landlord, a pub operating company, has refused to pay for the repairs. It says that this and other matters are legally the responsibility of the tenant. He wants to know if this is true. All of which suggests that the readers in question did not bother to read or understand the terms of the lease they signed. So I repeat my warnings­ Remember that it is essential to establish from the outset who, if anyone, takes responsibility for repairs to the fabric of the premises. It is such a crucial point and vitally affects the viability of the lease itself. If you are taking on a punishing rent and are to be held responsible for external repairs as well, do your sums carefully and walk away if the figures don't add up. If this pub was really run down, as the reader claims, that's the time to establish clearly who pays for what. My advice is to look at the lease carefully and get it checked over by a professional. It is probable that there is no exact liability for repairs written in, so it is a matter for negotiation.