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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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, I have moore than a year ago agreed in writing to receive

Resolved Question:

Hello,
I have moore than a year ago agreed in writing to receive a large amount of restaurant equipment without other subjects to contract to be filled than a surrender of lease to landlord due to redevelopment.
Can the owner of these listed equipment in our agreement sell/dispose the equipment in an alternative way without my consent before the terms of our agreement is filled?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Are you able to kindly clarify the position - I am having a little difficulty following your initial post.

Joshua :

Do I understand correctly you are presently leasing resturant premises and the landlord is opposing a renewal of the lease on the grounds he wishes to redevelop the site?

JACUSTOMER-blk0xtya- : No,
Joshua :

OK would it be possible to trouble you to kindly explain the situation a little further?

JACUSTOMER-blk0xtya- : I was employed by the owner of these equipment and we have a written agreement for me to receive listed items when his restaurant is up for redevelopment
Joshua :

Thank you. Why did your employer agree to give you the equipment at this stage? Was it instead of wages or for another reason?

JACUSTOMER-blk0xtya- : Can he legally choose to sell them to someone without my consent..?
JACUSTOMER-blk0xtya- : i initially resigned after two weeks and was rehired a month later, my deal included receiving these when being rehired
Joshua :

Thanks. And finally from what you say you have an agreement in writing that clearly lists the equipment he will give you and states that this will be given to you when the property is redeveloped? Are the premises about to be redeveloped?

JACUSTOMER-blk0xtya- : Yes, in the near future, I am not employed by him anymoore and suspect that due to financial problems there might be a temtptation to sell/dispose some of the listed items
JACUSTOMER-blk0xtya- : Everything is in writing signed by both parts
Joshua :

Thank you. If you have the above agreement in writing then he may not dispose of the equipment without your consent as you have a right to the equipment contingent on the premises being redeveloped. If he does so you can consider a claim for the value of the equipment that he disposes of instead of the equipment itself.

Joshua :

You may consider writing to the individual reminding him of the provisions of your agreement and a list of the equipment in question and seeking confirmation as to when he expects to make this available to you.

JACUSTOMER-blk0xtya- : Thank you,
Joshua :

If you become aware that he has disposed of equipment or that the property is being redeveloped and it has not been made available to you, you can consider making a claim for the equipment or the equivalent value of the equipment from the individual.

Joshua :

If necessary you can apply in the county court using the courts online service:

Joshua :

https://www.moneyclaim.gov.uk/web/mcol/welcome

JACUSTOMER-blk0xtya- : the agreement clearly states items, condition and where they are located, it also states that they will become my property/ posessions when his lease is surrendered to the landlord due to redevelopment
Joshua :

That is fine. Based on this you have no claim against the equipment until the lease is surrendered, but equally he cannot dispose of the equipment because you have a future claim on it. If he does you can claim the equipment's money value from him as above.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

JACUSTOMER-blk0xtya- : Thank you Joshua!
Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

JACUSTOMER-blk0xtya- : this confirms what I already read into the whole matter
Joshua :

I hope all is resolved amicably shortly.

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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