it wasnt confirmed in writing unfortunately - it was in discussions
however I do have in writing - that I said I asked you about this before signing the lease and you told me nothing was planned and she responded with we're just as shocked as you are
we had no idea either
everyone I know who owns property and also commercial property has said its impossible - stuff like this is usually on the books for a minimum of 12 months
but even if it wasn't - with having to get quotes etc she wouldve known before I signed the lease
yes because a tenant from upstairs who does not like her came in angry that she was avoiding him
and he stated that she knew the works were coming for a long time so to stop avoiding him
which conversation? the one from the upstairs tenant or before signing the lease?
yes - but only on her side - she had her assistant there. does it not matter that i have her saying over email that she didnt know about it until just recently?
the lease is in her name currently - what if she transfers it over to a company and then dissolves it - does that screw me over? should I put a charge on the lease currently?
No, because if the lease is in the personal name then they can not transfer it to a company.
Does that clarify?
ok even if they were to sell the least to someone else - say a company?
They can assign but only if the lease allows
the lease i believe does allow - if they did that would I still be able to sue the original lease holder or put a charge on something so they couldnt sell?
i just dont want to approach them saying im going to do something and then they circumvent it by doing something like changing the lease to a business limited company and then i cant get damages
You would need an injunction but if the lease allows him to sell/assign then sadly you wouldnt be successful.
the upstairs neighbour told me today theyve known about it for 2 yrs
But in any event the new Landlord would be bound by the £4,500 cap
yes but if I want out of lease and to sue for damages and loss and misrepresentation of the lease
Yes it would be the original Landlord
ok so i could still sue the original landlord even if they sold the head lease to a company
But the sooner the better
great - so what type of solicitor should i contact to do this
Civil litigation or Landlord & tenant (Commercial)
Can I clarify anything else for you?
out of curiosity - how cut and dry are these cases and how long could it be tied up in court and litigation? as a business that she has now caused to pretty much go under i want to recoup and open up elsewhere again but my money is tied up in this location
They are not. Litigation is not certain, there is always a risk. Two parties go in and the Judge has to find for one or the other.
But the longer you stay the harder it is to claim misrepresentation
Ive only just found out about this oct 2nd - and we have been emailing back and forth about if she knew about it - and ive wanted to collect evidence before saying I am out of here and going after you - if I do that by the end of this month is that too long to wait?
also do i have to give notice or do i stop trading and move my stuff out
You can just stop trading and move if you are claiming this type of breach. But the longer you leave it, the harder it is to claim
they have my deposit though - guess have to wait going through claims court to get this back as well
Can I clarify anything else for you about this today please?
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