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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, Mr Wong intended to buy my restaurant at £28000 last

Customer Question

Hi,

Mr Wong intended to buy my restaurant at £28000 last year in August, and he paid me £500 a week, but stopped paying me when he had paid £14500 in January this year. He then said that he can't afford to pay the rest. We came to an agreement that he will cease trading in 6 week's time. However, I now have a cash buyer who wants to take over the business in two week's time. As Mr Wong and I have not signed any contracts, can I give him a week's notice and ask him to leave please? Many thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is there any written contract please?

Alex Watts :

Did anyone else witness the conversation? What will happen to the £14,500?

JACUSTOMER-7ngeye03- :

Hi Alex,

JACUSTOMER-7ngeye03- :

Thank you for your reply. There is no written contract at all. There are two witnesses who are aware that Mr Wong has broken his promise that he will pay £28000 by installments of £500 a week for 56 weeks. He stopped paying after 29 weeks, having paid £14500. At the beginning of the deal, I made it clear that if the payment plan is broken for more than 3 weeks, he may lose the payments that he has made. I will put the £14500 towards rental of the kitchen equipment, tables and chairs etc, which work out as £160 per week.

JACUSTOMER-7ngeye03- :

He and his wife reside above the restaurant with the rest of the restaurant staff. He will have to move out as soon as he ceases trading

Alex Watts :

How do you work out the rental? Is that rental from you?

JACUSTOMER-7ngeye03- :

£300 rent is for the land lord of the property paid via me. £160 a week is for the rental of kitchen equipment etc.

JACUSTOMER-7ngeye03- :

£14500 divided by 75 weeks work out at £160 per week for the rental of kitchen equipment etc. £300 rent is for the restaurant including the flat above the restaurant. Mr Wong pays me £460 per week, and I pay the land lord £300. Basically, the £14500 that Mr Wong has paid me is going towards the kitchen equipment etc as he has decided that he cannot afford to buy the restaurant anymore.

JACUSTOMER-7ngeye03- :

Mr Wong pays me £300 in cash every week, and I pay the land lord by standing order from my bank account.

JACUSTOMER-7ngeye03- :

I have to clarify that Mr Wong only pays me £300 a week to pay my land lord, the £160 was worked out from the £14500 already paid

Alex Watts : Was any rentals previously agreed?
JACUSTOMER-7ngeye03- :

Mr Wong knows about the £300 rent for the landlord, but because he decided not to buy over the business, the £14500 became the rent for kitchen equipment etc

JACUSTOMER-7ngeye03- :

The £300 rent a week is for the landlord, not for me. I am the lease holder

Alex Watts : But was £300 a week agreed in advance or not?
JACUSTOMER-7ngeye03- :

Yes

Alex Watts : Ok.
JACUSTOMER-7ngeye03- :

Yes

Alex Watts : Right and if he paid you £500 a week and you charged £300 rental that means you owe him £200 a week?
JACUSTOMER-7ngeye03- :

No, the £500 a week was for the buying of the business. He was paying that in installments. He also paid £300 to the landlord whilst he paid me the £500 for the first 29 weeks. But he stopped paying because he decided not to buy it after all. Hence the £14500 he had paid was then put towards the rent for making use of the kitchen equipment etc

Alex Watts : And did you agree within this 6 week period a time when you could give notice?
JACUSTOMER-7ngeye03- :

No, Mr Wong wanted to leave on 29 December

Alex Watts : But you want him out now?
JACUSTOMER-7ngeye03- :

Yes

Alex Watts : It's bad news I am sorry to say. Unless you agreed a termination clause you can not have him out early.
Alex Watts : This is because you agreed a further contract by allowing him to stay and remain for 6 weeks.
Alex Watts : Unless a termination clause or time was agreed then I am sorry to say you are both bound for the duration which is 29th December.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give, but I have a duty t be honest.
Alex Watts : Can I clarify anything for you?
JACUSTOMER-7ngeye03- :

What if i speak to him and he agrees to leave sooner?

Alex Watts : Then that is ok.
JACUSTOMER-7ngeye03- :

Ok thanks

Alex Watts : You are welcome.
Alex Watts : Please do remember to leave feedback before you leave today.
Alex Watts : I hope my service had been excellent to clarify the answer to your question.
Alex Watts : If this answers your question could I invite you to provide feedback on my service which I hope has been excellent today, if you need more information or help then please click reply. Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts : Does this help?

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