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Hi, welcome to Just Answer. I will help you with your question.
Do you have any other evidence of you owning the shop? Any emails from him, recorded conversations etc?
Yes recorded conversations.
Okay. And, is there anything in writing at all anywhere?
I also have documents that show I use to lease the shop before I put his name on there.
No not between us. it was a emergency move really
Okay. And why is he refusing to sign?
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
He thinks his going to be fired once he signs.
He said he wants to protect himself.
but that was not the plan in the first place.
he said he wants to go see a lawyer, but its not his shop.
The thing is his name is XXXXX XXXXX lease. what should I do
How long has he worked at the shop?
coming on three years
So he cannot be sacked as this would be unfair dismissal - no?
Therefore, you could reassure him that he is protected anyway from dismissal.
But, more importantly, this will give you an indication of whether he is really going to fight you over this.
Ive done that, but he don't trust me.
I even said that I would write it up on the contract, but he said he wants to see a lawyer.
The shop is nothing to do with him at all.
What are my options?
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.
would the recording be proff in court.
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.
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.
And this is, strangely, quite a common scenario!
Would they side with me because the shops paper work is in his name.
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...
You only have to establish your claim on balance of probability don't forget - this isn't a criminal court!
Can we till hime that we want to take it to court, cause he may resuse to attend.
You can sue him and force him to attend Court at any time.
his being really difficult.
Sue him on what grounds.
its his word
I have many witnesses that the shop is mine I've had it for 8 years
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.
The witnesses would be useful too; the recordings even more useful I expect.
in my shop I have other people who rent space from me, and these people pay me rent every week.
Again, good evidence I expect.
Let him see the lawyer and you will need to see one too if he comes back denying your entitlements.
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.
Thank you so much you have bee amazing.
No problem - thanks for asking a question this evening. Please rate my answer as highly as you can.
Is this okay?