How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We have a problem with a landlord of a commercial property

Customer Question

We have a problem with a landlord of a commercial property we have 'leased'. The property itself is in a state of repair and needs work doing to it. We have emails from the landlord confirming the lease started (21st december 2014), that we have right of access, that is a five year agreement and that we need to pay £1750, which we did and that we would pay for all the work done on the building which we agreed as long as we got 12 months free rent, which he agreed. We have started work on the building for two months now, this is also has been confirmed by the landlord and when we pushed him to get a full written lease he said that he was speaking to his solicitor and we would get it asap. Now he has demanding we pay the solicitors fees too, which we were on the understanding that the £1750 was for any costs occurred, and on no emails or paperwork does it ask or confirm we would pay this. He has now blocked access to the building. Gained entry into the building by drilling off our locks and refuses to give us a lease. What is our rights and is there any court cases similar where the tenant has won so we can pass this information onto him?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Just to confirm you have NO signed lease at present please?

JACUSTOMER-ctt6jhkl- :

No we don't. All we have at the moment is emails and letters agreeing terms and that the rent has started. We have a signed document that confirms we have paid and they agree to terms agreed as per email they sent us.

JACUSTOMER-ctt6jhkl- :

thank you for helping

JACUSTOMER-ctt6jhkl- :

we have been working on their building for two months now

JACUSTOMER-ctt6jhkl- :

they have taken money from us

JACUSTOMER-ctt6jhkl- :

this is an extract from an early email

JACUSTOMER-ctt6jhkl- :

If you need the lease to start from the 1st December 2014 that is fine, it means the rent free period would be 1st December 2014 to 30st November 2015 and the first rent payment will be due on the 1st December 2015.

What I am saying is we are happy to start the lease from 1st January 2015, there were people on site from 21st December but we can let you have the rent for those 10 days if you wish. This would mean the rent free period is from 1st January 2015 to 31st December 2015 meaning the first rent payment will be 1st January 2016.

Alex Watts :

Why the sudden change of heart please?

JACUSTOMER-ctt6jhkl- :

because they now want more money off us to pay there solicitor even though the £1750 we gave them was to go towards any costs. It wasn't written down anywhere that we would pay legal fees as well as the £1750 and also they are trying everything in their power now they have our money to stop us using there building.

JACUSTOMER-ctt6jhkl- :

we also have workmen coming in on Monday to do work, can they legally stop us if we have it in emails and on paper we have right of way and access to the building.

Alex Watts :

Thank you. So you paid £1750 towards costs and they want this again?

JACUSTOMER-ctt6jhkl- :

we paid £1750 as an upfront payment. The rent free period then started on the 21st december 2014 ( we get 12 months free rent) which they confirmed by email. We then started doing work on the building, which they were happy with. Now, they have had a bill for £700 plus VAT for the solicitors to write up the lease and they said we are to pay it. We told them that we hadn't agreed this, their solicitor confirmed to us that it wasn't in writing but apparently a 'verbal' agreement - which we have never discussed. When we said we weren't paying this as thats what the £1750 was for they have blocked access to the building and refuse to let us in.

Alex Watts :

What was the £1750 for?

JACUSTOMER-ctt6jhkl- :

We thought it was for any costs occured and an up front payment, they didn't actually confirm what it was for.

Alex Watts :

Did you ever ask?

Alex Watts :

Was it in writing what the fee or costs were for please?

Alex Watts :

Are you able to respond?

JACUSTOMER-ctt6jhkl- :

we did ask and we were under the impression it was for costs involved. It wasn't in writing as to what it was for.

Alex Watts :

You need to apply to the Court to prevent possession and to stop the access being prevented.

Alex Watts :

You need to apply to the court on form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The court will list the matter for hearing and decide if the matter is contested. If it is fought then the Court will give directions and set the matter down for a final hearing.

Alex Watts :

In the meantime the Judge will decide whether to make an interim order allowing access - this is very likely.

Alex Watts :

If you get an injunction and it is breached then this is contempt of Court. They can be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice