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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I have been subcontracting for over a year ,running a catering

Customer Question

I have been subcontracting for over a year ,running a catering business on a building site.
I was told i had one week to leave because of customers complaints,i attended a meeting with a view to resolve issues and was told i had to leave,i have invested 80,000 pounds in this business and feel that it is unfair not to allow me to make these improvements which were minor issues.Today i was told to hand back keys even though all my equipment is still on site,i have never had a contract just emails stating contract is with solicitor and being chased up.can you advise me how i move forward
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Hi do you have a licence to occupy the site and just charge customers direct? Do you pay an fees or rent or do you simply provide a service for a to the site? Was there any discussion about the term so of the contract ? Did you hand back the keys?
Customer: replied 3 years ago.

No licence,yes charge customers direct,no rent but supply free food and business lunches to site managers and also in tender agreement senior managers have 40% discount ,i have emails promising contract and was led to believe this would be workable for years plus,I have not handed keys back as i was not allowed to conduct an itinery on goods of mine that are on premisis and following exit i called senior managers who have agreed to meet in a few days time

Expert:  Senior Partner replied 3 years ago.
Thanks. The basic position in law is that what you have a licence ot run the business on the site. It is a contractual arrangement and the fact that you have nothing in writing does not prevent it form being a binding contract. Where nothgin is in writing the terms have to be implied from what is said and from normal custom and practice.
Any contract can be terminated on reasonable notice if there is no termination provision. With what seems to be a long term contract which requires a substantial investment a week's notice cannot be reasonable . You can argue for much longer than that and if they terminate summarily you can sue for damages.

Of course you are also under an obligation to provide reasonable quality etc and they could ( and may ) claim to be entitled to terminate for breach of contract if there are enough complaints. However they ought to give you an opportunity to remedy the issues before claiming the right to terminate for breach unless they had previously put you on notice of the issues and asked you to address them.

Clearly in any event you are entitled to recover your property from the site.

Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola