Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
That is good news. Could you confirm if you have received confirmation that the lease has been destroyed in writing or just verbally?
I have been told verbally by both the Landlord and the Solicitor, I have a text from the Landlord and an email from the Solicitor saying his client informs him the lease has been destroyed now.
They say they are not returning the deposit under the heads of terms of the lease, that the landlord has completed extra work that has cost £6,000.00 in total which is untrue. We asked for the walls to be screened with PVA to stop brick dust which we paid him for £300.00, he was due to have a small which lift system installed instead of a conveyor belt system. That has not been installed though that was what he intitally requested the deposit for so works could be completed. But I have the Heads of terms of the lease and the rent deposit deed do you want to see them?
if so how do i send them to you?
another expert has suggested that we write to them which we have and this says"
Dear Mr Sutherland,
Further to our letter of the 14th November 2013 requesting the repayment of our deposit, if payment is not received within 14 days we shall issue proceedings to recover the amount being held and costs.
Please find below our account details for the payment to be made to:
I Rubber Ltd LloydsTSB Bank Branch: Bexleyheath Sort Code: xx-xx-xx Account Number: xxxxxxxx
Mr XXXXX XXXXXnington
I Rubber Ltd - Invincible
we will wait to hear from you whilst they are receiving the above letter from us
6. I will:-
(i.) Collect get in and administer according to the law the real and personal Estate of the Deceased
(ii.) When required to do so by the Court exhibit on Oath in the Court a full inventory of the said Estate and when so required render an account thereof to the Court and
(iii.) When required to do so by the High Court deliver up the Grant of Probate to that Court
7. To the best of my knowledge information and belief the gross Estate passing under the grant amounts to £xxx and that the net Estate amounts to £xxx and that this is/ is not a case in which an Inland Revenue Account is required to be delivered.
Sorry please disregard the above. I posted this to the wrong thread. My apologies.
Do you have a copy of the deposit deed you signed? What matters and costs and expenses does it express the landlord can use the deposit towards?
yes we have both copies of the above how do we send them to you?
You can either upload them or just advise me what the above provisions are in the deed - i.e. what the landlord can use the deposit for as you prefer.
This RENT DEPOSIT DEED is made the day of 2013 and is made BETWEEN:
(1) SUKHVINDER SINGH DIGVA and BHUPINDER SINGH DIGVA and KAVALJEET SINGH
DIGVA of DB House,XXXXX Basford, Nottingham, NG5 1RF (“the Landlord”)
(2) IRUBBER LIMITED trading as ‘Invincible’ (Company Number 06705784) whose
registered office is at c/o Ash Accounting Ltd, 44a Gedling Road, Carlton Nottingham, NG4 3FH (“the Tenant”)
and is Supplemental to a Lease (“the Lease”) made today between the Landlord and the Tenant relating to the property on the first floor ofXXXXX Basford, Nottingham, NG7 7FD (“the Property”)
1. The Tenant has paid Four Thousand Pounds (£4,000.00) (“the Initial Deposit”) to the Landlord which the Landlord has placed on deposit in an account designated for this purpose. The Initial Deposit and all later payments into the Deposit Account under this Deed are to be held on the terms of this Deed.
2. The Tenant charges its interest in the Deposit Account with the payment of all amounts becoming due to the Landlord under this Deed but subject to the charge the amount standing to the credit of the Deposit Account (and all accruing interest) belongs to the Tenant.
3. The Landlord can draw upon the Deposit Account to make payment to the Landlord or as the Landlord may direct of amounts equal to:
(i) any rent or other payment due from the Tenant under the Lease (whether or not formally demanded) and not paid within 14 days after the due date for payment;
(ii) any expense or loss properly incurred by the Landlord by reason of any breach of the Tenant’s obligations under the Lease or arising from any forfeiture or disclaimer of the Lease and not paid to the Landlord by the Tenant within 14 days after a written demand for payment;
(iii) interest at the rate provided for in the Lease on amounts under (i) from the due day for payment until receipt by the Landlord from the Deposit Account and on amounts under (ii) from the date when the expense or loss is incurred until receipt by the Landlord from the Deposit Account; or
(iv) costs incurred in relation to payments under (i), (ii) or (iii) or in the operation of the Deposit Account.
4. When any payment is made under Clause 3 which reduces the amount standing to the credit of the Deposit Account (including interest actually added to it by the Bank but not accruing interest) below the Initial Deposit the Tenant agrees within 14 days after a written demand for payment to pay to the Landlord’s solicitors for payment into the Deposit Account the amount (not exceeding the deficit) stated in the demand.
5. If the Tenant makes any assignment of the whole of the Property in compliance with Clause 5.8 of the Lease and procures the assignee to deliver to the Landlord a deed in favour of the Landlord agreeing to the provisions of this Deed and to pay to the Landlord’s solicitor for payment into the Deposit Account an amount equal to the Initial Deposit the Tenant can require the Landlord by written demand to draw upon the Deposit Account to make payment to the Tenant or as the Tenant may direct of the amount standing to the credit of the Deposit Account (including interest actually added to it by the Bank but not accruing interest) at the date of receipt of the demand.
6. The Tenant can require the Landlord by written demand to close the Deposit Account and pay to the Tenant or as it may direct the amount standing to the credit of the Deposit Account (including all accrued interest) at the date specified in the demand being later than the expiry by effluxion of time, forfeiture or surrender of the Lease and at least 14 days after the date of the demand and subject to retention in the account of an amount equal to any outstanding claim by the Landlord under Clause 3 and an estimated account of costs relating to the claim and upon resolution of such claim and costs any residue must be paid to the Tenant or as the Tenant directs.
7. If the Landlord disposes of its reversion to the Lease and procures the transferee to deliver to the Tenant a deed in favour of the Tenant agreeing to the provisions of this Deed the Deposit Account will be held on the trusts of this Deed with the substitution of the transferee in place of the Landlord who will be released from all liability under this Deed arising after the delivery of the deed by the transferee.
8. (a) The rights of the Landlord under this Deed do not limit or replace the rights of the landlord under the Lease;
(b) The liability under the Lease of the Tenant, any guarantor or any other party is not limited to the amount of the Deposit Account;
(c) A breach by the Tenant or any obligation under this Deed is to be treated as a breach of its obligations under the Lease and entitles the Landlord to exercise the powers of re-entry under the Lease; and
(d) Any sum due from the Tenant under this Deed is a charge on the Tenant’s interest under the Lease and may also be recovered as if rent in arrear under the Lease.
IN WITNESS whereof the parties have hereunto set their hands the day and year first before written
SIGNED as a Deed by the said
SUKHVINDER SINGH DIGVA
In the presence of:-
Witness signature .............................................................
Witness name ...................................................................
Witness address ................................................................
BHUPINDER SINGH DIGVA
SIGNED as a Deed by the said
KAVALJEET SINGH DIGVA
EXECUTED as a Deed by the said
IRUBBER LIMITED acting by
IAN MICHAELS a Director
sorry thought the best way to do this
DirectorsXXXXX XXXXX BSc MRICSJonathon Seddon BSc (Hons) MRICSSunny Landa BSc (Hons) MRICSRichard Sutton BSc MRICSADR Accredited MediatorSarah ShepherdConsultantRay Valenti BSc FRICS ACI ArbNG Property Consultants Ltd trading as NG Chartered Surveyors. Registered in England and Wales.Company No. 08050153. Registered officeXXXXXWeldon Road Loughborough LE11 5RF.Holland House43 Loughborough RoadWest BridgfordNottingham NG2 7LAT 0115(NNN) NNN-NNNNbr/>[email protected]www.ng-cs.comLETTING OF385 NOTTINGHAM ROADBASFORDNOTTINGHAMNG7 7FDMESSRS SS DIGVA, BS DIGVA AND KS DIGVA T/ACHARTWELL PROPERTIESToIRUBBER LTDPrepared by:Sunny Landa BSc (Hons) MRICSNG Chartered Surveyors8 Clinton TerraceDerby RoadNottingham NG7 1LYSUBJECT TO CONTRACT02 August 2013Letting ofXXXXX Basford, Nottingham, NG7 7FDMessrs SS Digva, BS Digva & KS Digva T/A Chartwell Properties to IRubber Ltd02.08.13 2The PartiesLANDLORDMessrs SS Digva, BS Digva and KS DigvaT/A Chartwell PropertiesUnit 3, DB HouseRani DriveNottinghamNG5 1RFContact:Telephone:Email:Jack Digva0115(NNN) NNN-NNNNbr/>[email protected]LANDLORDS LEGAL ADVISERSAndersons Solicitors42 The RopewalkNottinghamNG1 5EJContact:Telephone:Email:Mr Peter Sutherland0115(NNN) NNN-NNNNbr/>[email protected]itors.co.ukLANDLORDS PROPERTY ADVISORSNG Chartered SurveyorsHolland House43 Loughborough RoadWest BridgfordNottinghamNG7 1LYContact:Telephone:Email:Sunny Landa0115(NNN) NNN-NNNNbr/>[email protected]TENANTSIRubber LtdUnit 4A, Shipstones Business CentreNorth GateNew BasfordNottinghamNG7 7FNContact:Telephone:Email:Ian Micheals0115(NNN) NNN-NNNNbr/>[email protected]TENANTS LEGAL ADVISORSTBC Contact:Telephone:Email:Letting ofXXXXX Basford, Nottingham, NG7 7FDMessrs SS Digva, BS Digva & KS Digva T/A Chartwell Properties to IRubber Ltd02.08.13 3The Transaction1. Background1.1 This document outlines the terms on which the owners of the subject property would beprepared to proceed with a letting of premises known asXXXXX Basford,Nottingham, NG7 7FD.1.2 Terms have been agreed by Sunny Landa of NG Chartered Surveyors, on behalf of the MessrsSS Digva, BS Digva and KS Digva T/A Chartwell Properties and Ian Michaels on behalf ofIRubber Ltd.1.3 Andersons Solicitors will prepare and issue the lease documentation on the basis of theterms outlined below.2. The Demise2.1 The total demise which will be leased to the incoming tenant shall be the First Floor of thesubject property which is identified in red on the attached plan.2.2 The courtyard will be shared with the ground floor tenant and there shall be 4 parking spacesdemised under this lease, identified in red on the attached plan2.3 The approximate area demised to the tenant shall be 4,800 sq ft.3. Lease Term3.1 The premises are to be let by way of a new 5 year lease.4. Repairing Covenant4.1 Internal repairing and insuring terms, with the tenant to be responsible for the internal andrepair and decoration of the property.5. Landlord & Tenant Act 19545.1 The lease is to be drafted outside of the Security of Tenure provisions of the Landlord &Tenant Act 1954.Letting ofXXXXX Basford, Nottingham, NG7 7FDMessrs SS Digva, BS Digva & KS Digva T/A Chartwell Properties to IRubber Ltd02.08.13 46. Rent Payable6.1 The rent payable will be:‐£16,000 per annum exclusive(sixteen thousand pounds)6.2 Rent is payable quarterly in advance on the usual quarter days by bankers Standing Order.7. Rent Review7.1 The lease is to be without review.8. Rent Free Period8.1 The tenant shall be granted a 4 month rent free period from lease commencement.9. Security Deposit9.1 The tenant has agreed to pay a £4,000 security deposit (also see 24.1).10. Break Clause10.1 For the avoidance of doubt, this lease is to be drafted without a break clause.11. Service Charge11.1 The lease is to contain a service charge clause to allow the landlord to recover 50% of thecosts associated with maintenance, upkeep and repair of the external fabric of the buildingto include the roof.12. Rates & Utilities12.1 Responsibility of the tenant.13. Insurance13.1 The landlord shall insure the building to include 3 years loss of rent cover and recover anappropriate proportion of the annual premium from the tenant.Letting ofXXXXX Basford, Nottingham, NG7 7FDMessrs SS Digva, BS Digva & KS Digva T/A Chartwell Properties to IRubber Ltd02.08.13 514. VAT14.1 We are advised by the landlord that VAT is not applicable to the rent or service charge or anyother outgoings.15. User15.1 The premises are to be utilised as a light industrial/warehouse unit within Classes B1 & B8 ofthe Town & Country Planning (Use Classes) Review 2010. The landlord does not warrantthat the current planning permission for the unit permits the proposed use. The tenant is tobe fully responsible for confirming current planning/user consent for the unit and satisfythemselves of their intended business operations. Furthermore, the tenant is responsiblefor obtaining any additional necessary planning consents/change of use which may berequired for their proposed business activities and any landlord or third party consents.16. Tenant Trade16.1 The tenants will use the premises to run a manufacturing and sales operation predominantlyfor the sale of latex and rubber clothing.17. Alienation17.1 Dealings with part are prohibited. The tenant will be permitted to underlet the whole of thepremises with the landlords prior written consent, such consent not to be unreasonablywithheld or delayed.17.2 Any underletting is to be at the market rental value and will be excluded from the Security ofTenure protection provisions of the Landlord & Tenant Act 1954.17.3 The tenant will be permitted to assign the lease subject to entering into an AuthorisedGuarantee Agreement and obtaining the landlords prior written consent, such consent notto be unreasonably withheld or delayed.18. Timescale18.1 It is proposed that completion of the lease takes place on 02 September 2013.19. Accounts & References19.1 The tenant has provided copies of its last 3 years abbreviated accounts and 3 tradereferences.Letting ofXXXXX Basford, Nottingham, NG7 7FDMessrs SS Digva, BS Digva & KS Digva T/A Chartwell Properties to IRubber Ltd02.08.13 620. Alterations20.1 No structural alterations will be permitted.20.2 Non‐structural alterations may be permitted subject to the landlords prior written consent,upon receipt of detailed plans and specifications, such consent to be unreasonably withheldor delayed.21. Reinstatement21.1 The landlord reserves the right to have the unit reinstated upon expiry of the lease, howeverdetermined.22. Additional Landlord & Tenants Obligations22.1 The landlord agrees to install a conveyer belt into the unit and a disabled toilet. This will beinstalled upon receipt of the security deposit.22.2 The tenant will be required to maintain the conveyor belt and service it annually for years 2– 5 of the lease.23. Notes & Additional Provisions23.1 The landlord gives no warranty as to the provision, or condition of any mains services thatmay be connected to the unit.24. Legal & Surveyors Costs24.1 Both parties are to be responsible for their own legal costs incurred in documenting thetransaction. However, in the eventuality that the tenant withdraws from the transaction ormakes significant changes to the agreed Heads of Terms once the landlord has undertakenits obligation to install the conveyor belt then the landlord reserves the right to refuse toreturn the deposit to the tenant.25. Energy Performance Certificate25.1 The Energy Performance Certificate has been supplied to the tenant.Letting ofXXXXX Basford, Nottingham, NG7 7FDMessrs SS Digva, BS Digva & KS Digva T/A Chartwell Properties to IRubber Ltd02.08.13 726. Conditions26.1 These Heads of Terms are subject to contract.Circulation: J Digva – Chartwell PropertiesP Sutherland – Andersons SolicitorsIan Micheals – IRubber LtdLetting ofXXXXX Basford, Nottingham, NG7 7FDMessrs SS Digva, BS Digva & KS Digva T/A Chartwell Properties to IRubber Ltd02.08.13 8FOR ILLUSTRATIVE PURPOSES ONLY – PLAN NOT TO SCALE AND NOT TO BE RELIED UPON INLEGAL DOCUMENTATION
that is both copies ot the relevant paperwork we were given
Thanks. As expected the deposit deed makes reference to deductions being able to made in respect of moneys owed under the "Lease" which from what you say has never existed as it has been destroyed before completion. Accordingly there would appear to be no basis on which to demand any monies from you under the deposit deed other than in respect of any administrative costs in operating the deposit account which would at most be fairly nominal.
Okay so we have written the following letter to be posted today
40 The Ropewalk
Date: 3rd December 2013
I Rubber Ltd LloydsTSB Bank Branch: Bexleyheath Sort Code: 30-90-76 Account Number: 32507960
If the landlord wishes to claim money from you he would need to base this on some other form of agreement. - i.e. an agreement between you that he would carry out works on the understanding that you were to take out a lease. The burden of proof would be on him to show some form of agreement between you in this respect.
you may wish to address the issue of costs the landlord claims for - along the lines of - works the landlord may or may not have carried out to the property are of course a matter for the landlord and no agreement was reached between your client and I in relation to works to the property prior to the lease (edit as appropriate), and then go on to set out your above letter.
Is there anything else I can help you with on the above?
Okay Joshua, we will attempt to respond with your advice do we still leave in the threat of proceedings or not?
they have not been willing to put anything in actual writing to us everything is more or less in emails
If they have specifically refused as you say to return monies for specific reasons it is worth considering addressing such reasons given as above. If not then you need no bother. There is no harm in leaving in the threat of proceedings as it gives you the option to issue if they do not respond and gives them reason to consider you are serious.
Is there anything above I can clarify for you any further?
thank you ill leave it there and keep in touch thank you
Good luck and please do let me know how you get on
Thank you Joshua,
is there any legal way of putting the claim to help it have more of a impact?
we are considering using the following;
"We are claiming the return of our £4,000.00 deposit paid to Chartwell properties via their solicitors DBS Andersons.The lease has been withdrawn by both parties and as such the lease is no longer legally binding and the deposit is no longer subject to be held and we request repayment of the outstanding monies."