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Max Lowry
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Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I put my shop lease in my friends name due to some outstanding

Resolved Question:

I put my shop lease in my friends name due to some outstanding debts.
silly mistake.
My friend agrees it it my shop but refuses to sign to say so.
what can I do
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Do you have any other evidence of you owning the shop? Any emails from him, recorded conversations etc?

Customer:

Yes recorded conversations.

Max Lowry :

Okay. And, is there anything in writing at all anywhere?

Customer:

I also have documents that show I use to lease the shop before I put his name on there.

Customer:

No not between us. it was a emergency move really

Max Lowry :

Okay. And why is he refusing to sign?

Customer:

Some people that use to work for me left me in debt and I received a electric bill that I could not pay. so to avoid my shop being closed I trusted my friend to help me

Customer:

He thinks his going to be fired once he signs.

Customer:

He said he wants to protect himself.

Customer:

but that was not the plan in the first place.

Customer:

he said he wants to go see a lawyer, but its not his shop.

Customer:

The thing is his name is XXXXX XXXXX lease. what should I do

Max Lowry :

How long has he worked at the shop?

Customer:

coming on three years

Max Lowry :

So he cannot be sacked as this would be unfair dismissal - no?

Max Lowry :

Therefore, you could reassure him that he is protected anyway from dismissal.

Max Lowry :

But, more importantly, this will give you an indication of whether he is really going to fight you over this.

Customer:

Ive done that, but he don't trust me.

Customer:

I even said that I would write it up on the contract, but he said he wants to see a lawyer.

Customer:

The shop is nothing to do with him at all.

Customer:

What are my options?

Max Lowry :

Okay. Well, in that case, let him see his lawyer, presumably there is no mad reason to rush this. If he goes to the lawyer and comes back with the story owning it, then you have the tape recordings.

Customer:

would the recording be proff in court.

Customer:

proof

Max Lowry :

And then you will need to see a solicitor and explain the detail. But, in short, I believe that you would be able to claim that he was holding the lease on trust for you, and that you're the true owner. The recordings are vital to you in this, and you should share these with a solicitor asap. And yes, they can be used in the civil courts, no problem with that at all.

Max Lowry :

You should be able to force him to transfer the lease over to you for nothing - the Court has the power to order that if you are the true owner.

Max Lowry :

And this is, strangely, quite a common scenario!

Customer:

Would they side with me because the shops paper work is in his name.

Max Lowry :

Depends what your recordings say, and what other evidence you can use that it is your shop. This might be such things as transactions between you, what others knew, emails, texts, etc...

Max Lowry :

You only have to establish your claim on balance of probability don't forget - this isn't a criminal court!

Customer:

Can we till hime that we want to take it to court, cause he may resuse to attend.

Max Lowry :

You can sue him and force him to attend Court at any time.

Customer:

his being really difficult.

Customer:

Sue him on what grounds.

Customer:

its his word

Customer:

I have many witnesses that the shop is mine I've had it for 8 years

Max Lowry :

You would sue him on the grounds that he, as trustee of your lease, is failing to comply with a direction by the sole beneficiary to transfer it over, and the fact that he denies it is your property, you can seek a declaration too that it is yours. There is no doubt you can sue him to get the property transferred back to you.

Max Lowry :

The witnesses would be useful too; the recordings even more useful I expect.

Customer:

in my shop I have other people who rent space from me, and these people pay me rent every week.


 

Max Lowry :

Again, good evidence I expect.

Max Lowry :

Let him see the lawyer and you will need to see one too if he comes back denying your entitlements.

Max Lowry :

You can undoubtedly sue for this, but it'll need a good proper review of the evidence that you have, and putting it all down into witness evidence etc. to understand the strength of your case.

Customer:

Thank you so much you have bee amazing.

Max Lowry :

No problem - thanks for asking a question this evening. Please rate my answer as highly as you can.

Max Lowry :

Is this okay?

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