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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am renting a section of a shop from a shop owner, and their

Resolved Question:

I am renting a section of a shop from a shop owner, and their is a dispute in the shop between one of my staff and the shop owner, which has been resolved. I receive a letter from the shop owners solicitor that my worker should leave the premises. My worker only stay in my section. Has the shop owner got the right to ask my worker not to come into the premises?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Do you have a contract please?
Customer: Yes I have a contract.
Alex Watts :

What does it say about termination?

Customer: No
Alex Watts :

No what? There is no clause on termination?

Customer: There is nothing on my contract that says anything about about termination
Alex Watts :

Ok - does the contract say you have a fixed term for the contract?

Customer: Yes , I have two years contract
Alex Watts :

Ok - but the contract does not say who can and who can not work for you?

Alex Watts :

They can only really ask it if they are thinking of a compulsory purchase

Alex Watts :

But in any event they can find this information on the Land Registry

Alex Watts :

Therefore he should write back, say its nothing to do with them and the Freedom of Information Act does not apply

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Sorry ignore that.

Alex Watts :

But the contract does not specify who is and who is not allowed to work for you/

Customer: No he doesn't specify that in the contract. But he is accusing my staff of anti social behaviour, and want me to get rid of him. Which I can't do that.
Alex Watts : But there is nothing in the contract that says someone can be removed for behaviour etc?
Customer: There is nothing in the contract that says that.
Alex Watts : Ok then they can not ask you to do this.
Alex Watts : If they wanted to be able to have this power it should be in the contract.
Alex Watts : a contract sets out all the terms agreed between the parties.
Alex Watts : New terms can not simply be added after
Alex Watts : Therefore if they wanted the ability to say who can and can not work at the shop the contract should have said so
Alex Watts : The contract does not allow it and therefore they can not ask for demand it
Alex Watts : Can I clarify anything for you about this today please?
Customer: I have been given seven day to get rid of my staff and if I don't expel my staff, they will serve me with a letter of termination.
Alex Watts :

But they can't terminate - the contract as you have said does not allow them to do that.

Alex Watts :

Therefore they can't end the contract

Alex Watts :

Does that help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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