Hello - my name is Leanne and it will be my pleasure to assist you today.
Did they put anything in writing about the f&f about not bothering?
unfortunately not it was all verball they recently did a small refurb and cut a few large tables in half to make drinkin stands and said they could this as fixtures and fittings remain the property of the brewey
Did anyone else witness the conversation? Are F&F included in the lease?
we only took out a tenantcy agreement my business partner was there and also the builders as the area manager instructed them to cut them
Ok. Is it included in the agreement about f&f?
when we met the brewery before sign up day f&f was dismissed as they said we"ll get you in and sort a loan agreement after, im sorry but I cant find agreement at moment to answer you question.
hi Leanne im aware you have stepped out of chat I have to go and pick the kids up I will be back soon thank you regards tony
tenantcy agreement seems to state f and f remain the property of brewery unless paid for in full
I would like to continue with questions please
I have been asked to look atthis for you.
You are quite right in whatyou say in that they cannot seek the money from you and you claim that you allthe money but still sell the FF to a new buyer. They cannot have it both waysbut no doubt, they will try.
If fixtures and fittings aresaid, in the agreement, to belong to the brewery, until paid for in full, thenthey own the FF. Not you. They are entitled to sell them.
It does not get you off thehook however but it does get you off the hook for a large chunk of that debt.
The situation now is that youare in breach of contract to purchase the fixtures and fittings and they arerelying on their retention of title clause (where it states that they remainthe property of the brewery until paid for).
They are not entitled to£20,000.
What they are entitled to iscompensation/damages if they had to sell them at a reduced price.
So what you want from them isto know how much they sold them to the new tenant for. If it was less than£20,000, they are entitled to the balance.
If they will not tell you,you are entitled to apply to court for a court order to compel them to let youhave a copy of that agreement so that you can see how much they were sold for.
Of course, they will saywould lose in this went to court because they are not going to say that theywould lose and you would win!
Does that answer thequestion? I am happy to answer specific points.
Can I help further?
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I amoffline shortly until later and will pick this up then if needed.