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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Recently my business which is a hotel on a 15 year lease,

Customer Question

Recently my business which is a hotel on a
15 year lease, I was in arrears with my rent with the landlord,
The landlord forfeited the lease, I went to court to get relief of
Forfeiture and was successful, the day the landlord forfeited the lease
the landlord organsised staff meeting, 27staff attended that meeting,
At that meeting the landlord accused me of taking money out of the business
And intended to do a runner with the money. I was told this by the staff
When I got the relief of forfeiture.
In a village were all the staff live is totally unacceptable and I believe
Both slander and defamation of character and damage to my professional
Integrity are a consequence of the landlords outburst,
My question is can I take the landlord to court for what he said, the collateral
Damage to me and my business are unacceptable
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 :

Are you able to quantify any form of loss? On what basis was the Landlord able to organise a meeting - was he employed by you?

JACUSTOMER-lsn6cv17- :

He took over the running of the business, but did not have the legal right to do so

JACUSTOMER-lsn6cv17- :

With the landlord running the business I lost 11 days trade, he kept the income around £16,000

Alex Watts : The shot answer is yes,
Alex Watts : This is because the Landlord is in breach of contract with you and clearly attempted to damage your business. As well as that then he also stole money from the business.
Alex Watts : You need to write and set out losses and say that he is in breach.
Alex Watts : one moment
Alex Watts : But if you want to proceed you would need a solicitor to draft proceedings for you and a barrister to represent you in court.
Alex Watts : However if you want to pursue the other losses you should write and set these out and ask for payment within 14 days or say you will go to court. Make sure you send this recorded delivery and keep a copy.
Alex Watts : If he refuses to pay then you can issue proceedings which can either be done online at www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and taking it to your local county court.
Alex Watts : The court will then issue the claim to which he will be sent a copy and given a limited time to defend, if not you can eneter judgment.
Alex Watts : If it is defended it will be set down for a hearing and you would need a solicitor to represent you given the value.
Alex Watts : If you win then you can also seek costs.
Alex Watts : Can I clarify anything for you about this today please?

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