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Nicola-mod
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I am being pursued under a personal guarantee under a lease,

Customer Question

I am being pursued under a personal guarantee under a lease, for premises which were being used for illegal purposes (brothel).
The Landlord knew this was the situation and wants the unpaid rent.
Can he sue me for this?
John BUrrows.
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.I assume you knew it was also being used as a Brothel please?Alex
Customer: replied 9 months ago.
Yes the premises were being used by the company of which I was director as a massage parlour, or brothel; I was pleaded Guilty to a charge of managing a brothel. The Landlord knew at all times, the premises were being used for those purposes, as he installed a secret camera to watch antics there, when he used part of the premises, for his own business. He also visited the premise on several occasions and saw the scantily clad staff during those visits.He went to assault me, in the presence of workmen, during one of the working days, so there can be no question of the fact he was unaware of the use to which the premises were used. Further, the Landlord was prosecuted for Money Laundering, arising from the brothel, although he was not convicted, as I accepted as part of a deal, the Management charge, in return for the Landlord being let out of the proceedings.Any further information please sk.JOHN BURROWS.
Expert:  Ash replied 9 months ago.
Thanks John. If you didnt know it was being used as a massage parlour etc, then you may have had a defence to the personal guarantee.But as you knew about this then you dont have a defence. There is a saying 'those who come to equity must do so with clean hands'.Sadly because of the history you do not, so you would be still liable for this.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
My response.Hello and thanks for your response.I have done some research on the internet and the general consensus appears to be that you cannot enforce an illegal contract, as a matter of public policy. The person who is coming to the Court in this instance, is the Landlord, who knew about the use to which the remises were being used."An illegal agreement, under the common law of contract, is one that the courts will not enforce because the purpose of the
agreement is to achieve an illegal end. The illegal end must result from performance of the contract itself. The classic example of such an agreement is a contract for murder." The performance of the contract in this instance is, the ladies who worked there, offering for sale sex, and which matter is clearly evidenced by the conviction. I have been unable to turn up any recent case law on the illegality aspect, as I think the original dates back to 1700's and so as a matter of public policy the law has not changed.I attach a copy of a report I have located.In the early case of Holman v Johnson Lord Mansfield CJ set out the rationale for the illegality doctrine.
The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may say so. The principle of public policy is this; ex dolo malo non oritur actio ["no action arises from deceit"]. No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own standing or otherwise, the cause of action appears to arise ex turpi causa ["from an immoral cause"], or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both were equally in fault, potior est conditio defendentis ["more important is the condition of the defendant"].I would be glad if you would kindly re-visit the situation and, let me have a definitive answer, and this should be in reference to any cases reported on the aspect of illegality other than the above.Yours sincerely,JOHN BURROWS.
Expert:  Ash replied 9 months ago.
The contract in this instance is in itself not illegal, its a contract for rent of a property. It is the purpose for which the end use is illegal. You asked - can he sue you for this. The answer is yes. Whether or not he would be successful is a different matter. But can he sue you - yes you cant stop him doing that.The law relating to this to discretionary, but as I said, if you are claiming a defence, you need to come with clean hands.Equity is a shield not a sword.Does that clarify?Alex
Customer: replied 9 months ago.
Equity is a shield not a sword.
Does that clarify?
Alex
________________________________________Hi Alex,Thanks for your response. I'm sorry your response does not clarify the matter, or answer the question I raised. I am aware the Landlord can bring proceedings - he has done so. The question is, could I successfully set up a Defence, which would negate or defeat the claim? And to that end, A court is going to be looking for guidance in reported cases, before deciding the issue, which is why I am asking you for help.There is a lot of money at stake here and, it could well be a precedent case setter for you, if there has not been any other decided case in the recent years.Yours Sincerely,JOHN BURROWS.
Expert:  Ash replied 9 months ago.
Can you defend - yes you can. If you want reported cases then you can go to: http://www.bailii.org/This site doesnt provide reported cases and case law.Can I clarify anything else?Alex
Customer: replied 9 months ago.
Please explain what I am paying money for? I paid money for correct and positive answers which should include supporting advice and case law. Being to told to go and look at things, does not answer the questions I raised. I am dissatisfied with the way and the manner this matter has proceeded.I am seriously considering asking the credit card company to place a stop on the transaction. I offer you an opportunity to correct the situation and provide a proper, definitive answer, with supported legal authority, not merely being told to go and look at it yourself.Yours Sincerely,JOHN BURROWS.
Expert:  Jo C. replied 9 months ago.
I can confirm that the answer above is correct. I'm afraid this site does not include detailed research. You will need to see a highstreet solicitor for that.However, as a principle of law, if you kne wthat the location was used for this purpose then you have no defence.
Customer: replied 9 months ago.
I have been advised to seek the full name and registration number of the "Solicitor" allegedly providing the advice in this case, in order that I can check the situation with the Solicitors Regulatory Authority and Law Society.Can you provide those details to me please?JOHN BURROWS
Expert:  Jo C. replied 9 months ago.
Ok. Good luck.
Customer: replied 9 months ago.
From your response, it seems you have something to hide and are not being honest with the General Public.Any self respecting Solicitor would provide the details I asked for, without hesitation. Clearly, unless I can be satisfied that the person holding themselves out as a Solicitor, is on the roll, and has a valid practising certificate, I must assume to the contrary and, an offence may have been committed under the Solicitors Act 1974.
21Unqualified person not to pretend to be a solicitor.20Unqualified person not to act as solicitor.(1)No unqualified person is to act as a solicitor.
.
(2)Any person who contravenes subsection (1) is guilty of an offence and liable on conviction on indictment to imprisonment for not more than 2 years or to a fine, or to both.]
.
"Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognised by law as qualified to act as a solicitor shall be guilty of an offence and liable on summary conviction to [F1a fine not exceeding the fourth level on the standard scale] "Would you like to provide the information requested, please?JOHN BURROWS
Expert:  Nicola-mod replied 9 months ago.
Hello,
I'm afraid JustAnswer cannot give out identifying information from our Experts without their express permission. However, all our Experts go through a strenuous identification/credential verification processes via third-party, independent companies.
Both Experts who have answered you here have supplied us with names, addresses, practicing certificates and registration numbers and have proved their identities and credentials to our satisfaction.
JustAnswer can answer legal questions but cannot provide full legal advice as explained in our terms of service.
We do offer a refund if you are not satisfied with our service, also under our terms and conditions, so please let me know if you would like me to process this for you.
Thank you,
Nicola
Customer: replied 9 months ago.
Hello Nicola,Thanks for your response. I am far from satisfied. IN the light of your offer of a refund, please do so and confirm you have done so, and please provide a copy of the refund number, in order that I may withdraw my request to the credit card provider to suspend activity.I reserve my rights in all respects.JOHN BURROWS.

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