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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We bought a Business 14 months ago. We were told by the owner

Customer Question

We bought a Business 14 months ago. We were told by the owner of the Business that all required building work to a main roof would be done and asbestos which was water damaged would be removed, there are numerous leaking points all over the roof. We were also told that there was a gas certificate which we have since found out does not exist, due to considerable remedial work required and this has never been done , I employ over 10 people in the afore mentioned building and am concerned that the Landlord has still not put these issues right. What are my rights
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you,
What is it you want to achieve ?
Customer: replied 1 year ago.
I would like advice on what rights I have with regards ***** ***** or not I can take the landlord to court for the Business I purchased, off him and then rented the property off him. He said all repair work would be carried out and gas certificate put in place. The leaking etc is getting out of control with flooding every time it rains. Due to the nature of the business this is not acceptable. I want to sue him
Expert:  Ash replied 1 year ago.
Do you know the cost of doing this work?
Alex
Customer: replied 1 year ago.
We have put up with working in a Building which is totally unfit for purpose , we are a manufacturing bakery. The landlord goes through the motions of getting quotes for the roof and Gas certificate , but due to the Costs being in excess of £34,000 , the quotes are estimate due to considerably damaged profile 6 asbestos sheeting and their costs to remove . With regards ***** ***** Gas Certificate extensive remedial action need to be taken at a cost of £10,000 plus again a estimate. Can I rescind the sale due to a false statement named to secure the sale. He said all this work would be done and he has done nothing
Customer: replied 1 year ago.
I just want to know whether I have a case to sue , what specialist solicitor should I contact ?
This is effecting my health , the Building Is disgusting and he has stated he does not want to do the work. Had he said this beforehand we would not have purchased the business. He has had the money we paid for the Business and we are paying rent of £20,000 per annulment to him for a business not fit for purpose.
Customer: replied 1 year ago.
Hello are you there
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request the landlord does the work or a refund of the cost within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Make sure you get a survey of the works needing to be done and costs if the landlord refuses.
If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
The claim is for a lot more. I want to be able to move out of premises due to unfit for purpose and claim costs for all incurred costs for moving and compensation, so I am within my rights to do this
Customer: replied 1 year ago.
To enable me to continue you the business , I would have to find alternative property, have 3 phase electrics installed and decorated etc to the required standard , removal of heavy plant equipment. You are looking at somewhere in the region of £20,000 plus.
Customer: replied 1 year ago.
Hello
Expert:  Ash replied 1 year ago.
You can sue for breach of contract or leave. But if you,leave it must be a significant breach. Based on what you have said it is. As such you can leave and sue for breach of contract. But you must be able to quantify and justify your losses. But based on what you have said, you can leave.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
So I can leave the Premises , and sue for breach of contract. So I can sue for all costs involved in finding alternative suitable business premises, and all costs etc in doing so , based on all the stress etc this has caused can I claim compensation.
Can you also tell me if the Landlord has also sold equipment fixtures and fittings to me and then sold the same to someone else , what is the actual offence of selling the same goods twice.
Expert:  Ash replied 1 year ago.
Correct.
You can't sell something twice, you own them if he sold them to you.
Does that clarify?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello r u still there
Customer: replied 1 year ago.
What is the actual offence for selling the same thing twice ?. That is all I want to know . I will now contact a litigation Solicitor.I just like to know and understand what I am talking about.
Expert:  Ash replied 1 year ago.
Theft.
Alex