We have a tenant who is trying to exit out of a commercial lease because of a leaking roof. Due to the extreme abundance of rain we have had this year there have been what started out as minor leaks here and there which have always been attended to by a roofing plumber each time who has tried to fix the issue to a more annoying leak last friday which the tennant has claimed has caused disruption to her business for one day. We need to respond to her asap (today) and advise her that we cannot accept the lease exit request especially since we have tried each time that a leak has been reported to carry out reinstatement works (clause 12.2 (b) below). Also there is no indication that the roof is damaged (as per roof plumber) but that in extreme weather conditions and depending on how the rain falls that water tends to escape into whatever gaps it finds. We have not ignored the problem or refused to do anything about it but leaks can be difficult to diagnose unless there is significant rain but when there is heavy rain it is too dangerous for anyone to climb onto a roof to investigate. We are currently in talks with the roof plumber to come up with a longer term solution and it is in our best interest as owners of the building to get this resolved as soon as possible. We believe we are doing the right thing but would like to know whether the tenant under these clauses is able to get out of the lease.
As per clause 4.4 Tenants Obligation
As per clause 12.2 Tenant may Terminate
If an event of damage or destruction occurs as referred to in clause 12.1, the tenant may terminate this lease by 30 days’ notice to the landlord unless :
As per clause 4.4 Tenants Obligation
- tenant must immediately notify the Landlord of any damage to, defect or disrepair in the services or the landlords property.
As per clause 12.2 Tenant may Terminate
If an event of damage or destruction occurs as referred to in clause 12.1, the tenant may terminate this lease by 30 days’ notice to the landlord unless :
- Within 3 months of the event causing damage or destruction, the landlord notifies the tenant that the premises will be reinstated:
- The landlord carries out reinstatement works within a reasonable time having regard to the extent of the damage
