The conclusion is the one you have already come to. Because you have an older lease, it seems to me that you aren't liable for the repair costs or excess.
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Entrance glass door broken and who pays
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Back again with bad news. The landlord is wanting full excess payment plus his lawyer costs (which I don't think he can pursue from me anyway) and has come back with a reply from his lawyer quoting s271(2) of the PLA. Even specifically stating:
The landlord is not indemnified for the excess part of the policy therefore the tenant should pay the excess.
I don't know if that's a grammatical error but doesn't that mean the landlord is not 'excused' from paying the excess?
I was under the assumption s271 doesn't apply at all because there is an insurance policy in place.
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It doesn't apply, because you haven't "expressly agreed in an instrument" that the landlord is not fully insured. Section 271(2)(c) requires you to have acknowledged the lack of insurance in accordance with 271(1) or 271(2) doesn't apply.
S.271(1) A lessee may expressly acknowledge in an instrument that the lessor has not insured, or has not fully insured, the premises or the land on which the premises are situated against destruction or damage arising from 1 or more of the events referred to in section 268(1) that are specified in the instrument.
Was your lease entered into after 1st January 2008 btw?Last edited by Ivan McIntosh; 15-09-2015, 05:18 PM.
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Depends what your lease says about legal fees. A commercial lease will often have the tenant paying legal costs incurred by the landlord in the enforcement or attempted enforcement of their rights, powers and remedies under the lease. That, of course, depends on whether they are attempting to enforce a "right" etc, or are simply wrong.
I'm worried about your lease being entered into in 2014. The ADLS leases definitely included a s271(2) exemption well prior to 2014, and I worry you might have one somewhere in the lease. I know you had a look before and couldn't find one, but I do suggest you have another look.
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