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Loss of business - who is liable?

Discussion in 'Life Insurance, Annuities & Other' started by xylia77, Oct 29, 2009.

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  1. xylia77

    xylia77 Law Topic Starter New Member

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    I run a small business in BC, Canada, and have recently suffered a loss of business and I was wondering if I am responsible for that or if I can pursue my landlord for compensation, or whether I am owed a break on rent for the time i was out of the shop?

    The landlord owns both my shop space and the living space above. The upstairs tenants had a plumbing problem, and they thought they turned off the water before they went to bed. Apparently they did not. The water leaked all night long, running down the wall under the floor and finally through the ceiling of our business.

    All the drywall had to be removed from the ceiling and part of the walls, and we had to wait while everything dried out. By the time everything is finished we will be out of the shop for at least a week.

    Who is liable for our lost business? Does the landlord have to give us a break on our rent?

    Thank you for any advice..
    Xylia77
     
  2. dee_dub

    dee_dub Moderator

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    Check your lease. This is probably a breach of the covenants of possession and quiet enjoyment, and you should be entitled to a break in rent for the duration. Whether you should be compensated for lost business on top of that is to a large part determined by your lease - I would not be surprised if it limited your landlord's liability.
     

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