Hello my name is ***** ***** I will help you with this.
Just to confirm you have NO signed lease at present please?
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.
thank you for helping
we have been working on their building for two months now
they have taken money from us
this is an extract from an early email
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.
Why the sudden change of heart please?
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.
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.
Thank you. So you paid £1750 towards costs and they want this again?
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.
What was the £1750 for?
We thought it was for any costs occured and an up front payment, they didn't actually confirm what it was for.
Did you ever ask?
Was it in writing what the fee or costs were for please?
Are you able to respond?
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.
You need to apply to the Court to prevent possession and to stop the access being prevented.
You need to apply to the court on form N1
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.
In the meantime the Judge will decide whether to make an interim order allowing access - this is very likely.
If you get an injunction and it is breached then this is contempt of Court. They can be warned, fined or sent to prison
Can I clarify anything for you about this today please?
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