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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a commercial lease in central london consisting of a

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I have a commercial lease in central london consisting of a restaurant 40 seater ground and basement and 3 floors upper parts residential.my lease 1995 has expired june 2015 and have been offered a new lease. However the landlords solicitors are trying to get me out of the 1954 act saying i am not running the bussiness and spend time abroad. I live upstairs my principal home and have a chinese manager and. Chinese staff and cuisine. I have provided them with my licence and insurance paper.they are still not satisfied. What is my position ? I do not want give them further documentation like accounts. How do i proceed . They have filed a defence in court to my application to a new lease. This has been done after terms were agreed. Looking forward to your advice.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Yes I will wait . How long will it take for you to find the tight person. Have I been charged so far and how

Much. Thank u.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you. I will ask Customer Support to contact with regard to billing.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

If you have not found an answer please return my money of 56 £ taken from my card. Awaiting prompt action . Tk you. Joanne XXXXX

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Was it a condition of your lease you spend x amount of time in the UK or at the business premises?
Customer: replied 2 years ago.

Hello Alex thank you for replying. No but my lease being protected by 1954 act states I should be running the business and cannot let any one run it. I had a divorce looming in 2010 and was advised not to leave my home abroad as if so I wld have no possession of try marital home. Also my brother in 2013 attempted suicide and needed me to b with him. They want evidence like accounts of business etc. I don't have buss accounts but file personal accounts which specifies rents received. Basically I have to notify landlords if I left country when I travelled. They have confirmed terms of the lease subject to me satisfying them with evidence of pay slips or accounts. They are trying to nail me on this point. Pls advise what is my move .going to court I cannot afford as I have a 60, 000/ dilapidation schedule. Awaiting your advice. Tk u.

Customer: replied 2 years ago.

Pls confirm you have received my query.

Expert:  Ash replied 2 years ago.
What is it you want to achieve?
Customer: replied 2 years ago.

I need to my lease be signed .I live upstairs for last 28 years and need to continue running the business and eventually sell it after all I have built a good business

Expert:  Ash replied 2 years ago.
Have you been running the business?
Customer: replied 2 years ago.

The business being Chinese is too complicated so I receive a management fee or kind of profit rent. I do not participate in the day to day running. But this year the business will be run by a company of which I am 75% director. I am the holder of the alcohol licence which is designated premise supervisor and the business insurance is in my name.

Expert:  Ash replied 2 years ago.
Ok so you are a director and recorded on all documents as the owner. This being the case you are in control of the business and therefore running it. There is no requirement that you are physically present and indeed this is implied by the property above.
As such you can defend the claim on the basis you are in control of the business and as such whilst not necessarily managing day to day you are responsible.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

I need to once again ask they insist on accounts 3 yrs. I can only provide this year's. Do I contact my landlords to deal directly by passing tell lawyers requirements and personally resolve issues. Will that work and is it ethical. Or should the surveyors speak to landlords?

Expert:  Ash replied 2 years ago.
Yes that is fine you can contact the landlord. Speak to him/ her they may be entirely reasonable.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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