Formal Complaint to Landlord - Commercial Lease

What is a formal complaint to a Landlord?

A formal complaint to a landlord is a formal letter sent by a tenant of a commercial property to the landlord or letting agent of the property, letting them know of issues affecting the commercial property in England and Wales. An example of where a formal complaint can be used is when a business rents a warehouse from a commercial landlord, but notices leakage in the building's drainage that is causing damage to the goods stored in the warehouse. The tenant can use a formal complaint to inform the landlord of this problem and request for a repair.

Is it mandatory to have a formal complaint to a landlord?

No, strictly speaking, it is not mandatory to make a written formal complaint to the landlord. However, it is recommended to do so, especially when there is a commercial lease in place. This is because the lease will usually require the tenant to make complaints to the landlord in writing.

What are the prerequisites of a formal complaint to a landlord?

Before making a formal complaint to the landlord, there should be a problem with the property that either the tenant cannot fix themselves or is the landlord's duty to fix. An example of this kind of damage includes pipe leakage or structural defects in the building.

Who is involved with a formal complaint to a landlord?

The formal complaint should be sent by a business using the property for its commercial operations. This means the tenant can be a sole trader, a partnership, an LLP or even a limited company.

The complaint can also be made to either the landlord or the letting agent responsible for managing the property.

What has to be done once a formal complaint to a landlord is ready?

Once the letter of formal complaint has been completed, it should be signed by the tenant. Where the tenant is a company, it should be signed by the person authorised to act on behalf of the company (e.g. CEO, Operations Manager). After which, it should be sent to the landlord or the letting agent either by post or by email. The tenant should also keep a copy of the letter for their own records.

Which documents should be attached to a formal complaint to a landlord?

The following documents can be attached to a formal complaint to the landlord:

• Picture/video evidence of the problem in the property;
• Proof/reference to earlier complaints made by the tenant;
• Excerpts from the commercial lease highlighting the landlord's duty to fix the problem; and
• Receipts of costs incurred by tenant as a result of the problem.

 

Is it necessary to have witnesses for a formal complaint to a landlord?

No, it is not necessary to have a witness for a formal complaint to a landlord. This is because it is a letter and not an agreement.

What must a formal complaint to a landlord contain?

The formal complaint must contain:

• Details of the property;
• Details of the problem being complained of;
• Date when the problem started; and
• References to the commercial lease between the tenant and the landlord.

Which laws are applicable to a formal complaint to a landlord?

The applicable law for this document is the Landlord and Tenant Act 1954.

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

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