Subtenants’ liability
My company took over a sublease last year with two years remaining. I am in dispute with the freeholder, who is asking for a huge sum for dilapidations – the previous tenant having left the premise.
It seems obvious that the freeholder needs to resolve this with the leaseholder (my immediate landlord), but the leaseholder has gone bust. Am I liable?
Property owners can bypass insolvent tenants and seek redress for disrepair against subtenants, but they can only adopt such an approach if, as a subtenant, you have given them an obligation to keep the property in repair. Otherwise, they must pursue your immediate landlord who, in turn, might look to enforce repairing obligations in the sublease against you.
In both cases, the extent of your repairing obligations and the nature of the alleged dilapidations need careful consideration. The sublease might limit your responsibilities. Repair ordinarily excludes improvements, unless specifically included.
Advice from a specialist building surveyor will help. Your landlord’s insolvency complicates matters. Are liquidators or administrators appointed? The owner and liquidators have options with differing consequences for you.
“Forfeiture” of the lease by the owner terminates your sublease.
Should a liquidator “disclaim” the lease above you then you can only continue to occupy the property if you observe the tenant obligations of that lease, although the owner cannot enforce these against you, unless you have given a direct obligation similar to that mentioned above.
You should seek detailed legal advice on your obligations and the implications of your landlord’s insolvency.