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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a business that has had to close due to demands

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Hi,
I own a business that has had to close due to demands made by the landlord and baliff. They are claiming that we owe £7.5k on unpaid rent, we have proof that we have paid rent through bank statements. We have been short some months by a £100 or so but paid what we can and it doesnt come close to the figure they are claiming we owe. We have worked out we owe just over £2.5k of which we have paid £1,350 since the baliff has been involved, plus £260 in baliff fees.
They are claiming we havent paid rent for 6 months and are also claiming the rent is higher than agreed and backdating it. We have arranged a few meetings in the last few months to discuss rent with the landlord, he has failed to show up to any. We have asked for proof of what we owe but arent getting a response. Only contact we get is from the baliff who has seized our equipment against the debt causing us to close with his demands.
We have spoken to a solicitior who would take the case on but we cant afford the costs. The solitor has also imformed us that we shouldnt have paid a £1.5k deposit to the landlord? is this correct? Could we claim it back and put that towards the debt?
We have come to terms the business isnt going to continue, we just want an offical letter sending to the landlord asking for proof of his demands. We want to be able to surrender the lease before the next rent in due at the end of the month. But we want to remove all our equiptment before we do which the baliff has listed and seized.
Wedont know what to do next and fear the baliff chasing the 7.5k and removing our equiptment.
Regards
Josh
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Josh my name is ***** ***** I will help you.
Is the lease in your name or the company name please?
Customer: replied 1 year ago.
Hi. Thank you for the reply AlexThe lease is in my Wife's name as she runs the business (hair salon).
Expert:  Ash replied 1 year ago.
Does the lease allow them to seize equipment for the rent in the event of default?
Customer: replied 1 year ago.
We dont know as we were never given a copy. The rent was also not stated in the contract. This was verbally agrred at £550 for first 3 months and going to £625 after. We have tried negotiating after further rises but the landlord wouldnt answer calls / letters or arrive at meetings. Thet are now claiming the rent was £700+ and backdating it.
Expert:  Ash replied 1 year ago.
Have you signed a lease?
Customer: replied 1 year ago.
Yes my wife has, but they have the only copy
Expert:  Ash replied 1 year ago.
Have you asked for a copy?
Customer: replied 1 year ago.
We have with no response. It was one of the things we were going to request through the other solicitor
Expert:  Ash replied 1 year ago.
So you want your equipment back or settle the debt?
Customer: replied 1 year ago.
The equiptment is still in the shop but it has been listed by the baliff so we cant remove it. We are happy to settle what we worked out to owe, not the amount they are claiming. We are also happy to leave the premises but we want to do so with all our equiptment and fittings. Should the landlord have taken a deposit off us for a commercial premises too at the start of the lese, as we paid £1500.As it stands we owed £2500 when the baliff became involved. We have paid £1350 off that. If we add our deposit to that we only owe a further £150. We would like to pay that and leave with our equiptment but the landlord is saying we owe £7500 in total
Expert:  Ash replied 1 year ago.
Is there a Court Judgment at all?
Customer: replied 1 year ago.
No there isnt
Expert:  Ash replied 1 year ago.
Have you asked for a statement of account broken down?
Customer: replied 1 year ago.
Yes, but no response from landlord. We have sent a letter and tried ringing him.
Expert:  Ash replied 1 year ago.
Ok. You need to write and say you want a statement of account within 24 hours or you will go to Court. If he refuses then you issue proceedings to Court and ask the Court that he provides an account.
Also the £1500 CAN be applied as a deposit.You would need to issue proceedings using form N1:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
The Court would then list the matter for hearing and decide whether to make the order.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you for your response, what do i need to fill in under the claim amount? Will court proceedings cost us?
Expert:  Ash replied 1 year ago.
Just put - TBA. Its £280 because it is a non money claim.
Does that help?
Alex
Customer: replied 1 year ago.
Sorry what do you mean by "Also the £1500 CAN be applied as a deposit"
Expert:  Ash replied 1 year ago.
£1500 deposit can be offset against any debt.
Does that clarify?
Alex
Customer: replied 1 year ago.
Thank you, ***** ***** any way I can get a solicitor to send a letter to the landlord without paying over £500. As I know the landlord will back down as they have no proof. I feel this will be the fastest way to solve the problem before the next rent is due.
Expert:  Ash replied 1 year ago.
Yes you can do this, but the cost of a Solicitor letter may be around £200 or so.
The Solicitor letter may do the trick, or may just delay matters.
Does that help?
Alex
Customer: replied 1 year ago.
Do you know anyone who would help with this as Ive had not luck with the people I have spoken to.Thank you that helps
Expert:  Ash replied 1 year ago.
Sadly I can't recommend a Solicitor but you can find a local one here:
https://www.lawsociety.org.uk/
is that ok?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Thank you for your help

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