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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I signed a lease with a 3 year break clause with a partner

Customer Question

I signed a lease with a 3 year break clause with a partner for a restaurant.
Before we opened my partner defaulted and left . Attempts to contact her has resulted in letters being sent back with 'gone away' or 'not at this address'.

I continue running the business and paid for everything. I would like to remove her name from the current lease so that I can sell the business later. The landlord has agreed subject to me filing for a court order myself . I have been to the local county court but they do not know what forms to give me or tell me how to commence proceedings. Can you advise?
Elaine
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

The lease and the business are two different, but inter-related things.

tdlawyer :

Do you have a written partnership agreement?

JACUSTOMER-3eqhqijy- : no we do not have a partnership agreement
JACUSTOMER-3eqhqijy- : we just agreed to pay half of all expenses and be liable jointly but she only contributed £3500
JACUSTOMER-3eqhqijy- : while I paid over £35000
JACUSTOMER-3eqhqijy- : i need you to tell me how to make an application to court to secure either an order to remove her name or for me to be able to sell
tdlawyer :

OKay. First, you need to end your business dealings together. You do this by giving notice to her (in writing) saying that the partnership is now dissolved, and that it needs to be wound up.

tdlawyer :

This means she must cooperate in selling the lease.

tdlawyer :

If she does not, then you can apply to the High Court for an order that the partnership be wound up and that the property be sold etc.

tdlawyer :

Then you go through an accounting exercise to who out who is due what once the lease/business have been sold.

tdlawyer :

I appreciate you sent letters and they're returned, in which case, you need to make reasonable enquiries to find her. You should look at the electoral role online, using services like 192.com.

tdlawyer :

If you cant find her, then you can still serve papers at her last known address.

tdlawyer :

This would be valid service for court papers. If she doesn't then partake in the proceedings, the court will simply do what it has to in order to enable the partnership to be wound up and the lease sold without her signing it over etc.

JACUSTOMER-3eqhqijy- : i have done all you have advised
JACUSTOMER-3eqhqijy- : I sent all correspondence to her recorded delivery
tdlawyer :

Okay, have you issued court proceedings?

JACUSTOMER-3eqhqijy- : she has not replied so where do I file the papers to terminate the partnership? can I do it at the local county court? and if yes what forms do I ask for?
tdlawyer :

If you cant find her, then to dissolve the partnership, service of the court proceedings will be effective to dissolve it.

JACUSTOMER-3eqhqijy- : yes but how do I do that? i went to the county court in bournemouth but the clerk do not know what forms To give me
JACUSTOMER-3eqhqijy- : to dissolve the partnership was easy
JACUSTOMER-3eqhqijy- : i just resigned as director of the Ltd company that we formed
JACUSTOMER-3eqhqijy- : then i traded under a different Ltd co
JACUSTOMER-3eqhqijy- : the peoblem here is that the Landlord has prepared a new lease in my name but not granting it to me unless I get an order from a Judge stating that it is ok for him to have a new lease in my sole name
tdlawyer :

You would use an N1 Claim Form, from the Court, and serve that on the last known address.

tdlawyer :

New leases can be granted without the court's consent, the issue is whether the old one can be ended.

tdlawyer :

I wonder if your landlord can not claim that there is some breach of the agreement entitling him to forfeit. That way, the lease falls away and you could enter into a new one. I don't know whether that would be right for you, but it's worth considering.

JACUSTOMER-3eqhqijy- : I check out the N1 form and it is a form for claiming
JACUSTOMER-3eqhqijy- : I am not claiming anything so how should I use this form?
JACUSTOMER-3eqhqijy- : What do I put on the form?
tdlawyer :

It's just the way proceedings are started at court, to seek a declaration that the partnership is dissolved and for further directions regarding its winding up.

tdlawyer :

To be honest, I would recommend you get a solicitor to do this for you as this type of claim isn't a standard type of thing, and it's best to do with legal assistance.

JACUSTOMER-3eqhqijy- : too expensive
JACUSTOMER-3eqhqijy- : i cannot afford the fee as the solicitor is saying he needs to instruct
JACUSTOMER-3eqhqijy- : counsel so the total quote is approx £4000
tdlawyer :

You should phone around a bit, there are people out there that would likely do this on a no win no fee agreement basis for you.

tdlawyer :

Or most possibly at a lower hourly rate.

tdlawyer :

Smaller firms might be better in this respect, and the larger ones are more likely to do a no win no fee.

JACUSTOMER-3eqhqijy- : You have not given me the advice needed for me to file a claim

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