We signed up a new tenant for a warehouse 2.5 years ago. There was a non-compliant mezzanine in the warehouse. The leasing agent stated that the tenant did not require the mezzanine as they wanted to remove offices in the warehouse and in so doing removed 2/3 of the mezzanine. The mezzanine should have been written out of the lease in the 1st Schedule as we have since discovered.
The tenant submitted a plan with very little information on what they actually intended to do in the warehouse, and in particular we were not aware that they intended to relocate the stairs and continue to use the remaining 1/3 of mezzanine.
At the time of the first rent review the tenant is refusing to look at new rent - stating the fact that the mezzanine is not compliant. They informed the council and we have been issued with a Notice to Fix. Our lawyer is concerned about the Notice to Fix and trying to have any discussion with the tenant regarding rent abatement doesn't work.
However as we inform the lawyer, the plan submitted by the tenant does not reflect what structural work they actually undertook in the warehouse. Can we demand that the tenant return the warehouse to how shown in the plan, in which case access to the remaining mezzanine would not be possible, as no stairs were shown.
The tenant submitted a plan with very little information on what they actually intended to do in the warehouse, and in particular we were not aware that they intended to relocate the stairs and continue to use the remaining 1/3 of mezzanine.
At the time of the first rent review the tenant is refusing to look at new rent - stating the fact that the mezzanine is not compliant. They informed the council and we have been issued with a Notice to Fix. Our lawyer is concerned about the Notice to Fix and trying to have any discussion with the tenant regarding rent abatement doesn't work.
However as we inform the lawyer, the plan submitted by the tenant does not reflect what structural work they actually undertook in the warehouse. Can we demand that the tenant return the warehouse to how shown in the plan, in which case access to the remaining mezzanine would not be possible, as no stairs were shown.
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