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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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As a self-employed, I hire a desk in a co-working office

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As a self-employed, I hire a desk in a co-working office with COMPANY X, which I pay monthly, and I renew the contract every 3 months.I renewed the contract at the end of July for the period Oct 1- Dec 31, according to X schedule.At the end of August I got notified that the desk will now be in a different room, which I consider "inferior" (more desks, more noise, inferior décor, other factors).After attempting negotiation, I returned all my keys to X on the 13th of September, as I stance that I refuse the new desk in the “inferior” office.The company has acknowledged that the new office is not “ideal” for me, and offered me a desk in a different location of my choice. We're currently in the process of finalising this step.My question is:
do I have any chance to “come out” of the contract I signed in July because that contract was based on a product no longer available, that I consider “inferior” and that somehow that company has acknowledged is not good enough for me?~Thanks~
Submitted: 2 months ago.
Category: Law
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with this,

Does the contract say you have a specific desk or one with certain specifications?

Customer: replied 2 months ago.
Hi Jamie,
thanks for your answer.
the contract allows for the desk to be changed. My contention is that the new desk is not "reasonably comparable" to the previous one. I understand It's a thin line, however they have already acknowledge that the new situation is not "ideal" for me.CONTRACT:
2.1 Office accommodation(s): The Provider is to provide the number of serviced office accommodation(s) for which the Client has agreed to pay in the Centre stated in this agreement. This agreement lists the accommodation(s) the Provider has initially allocated for the Client’s use. The Client will have a non-exclusive right to the rooms allocated to it. Occasionally the Provider may need to allocate different accommodation(s), but these accommodation(s) will be of reasonably equivalent size and the Provider will notify the Client with respect to such different accommodation(s) in advanceONE OF THE POINTS I RAISED:
I've heard through the "grapevine" that the new office offers larger space per individual by square meters.
I'm not even convinced that that is true, once we take into account the extra cupboards with printers, trays with IT equipment, a table with chairs (for lunch? for chatting ?) that people have brought in.
The important aspect for me is: I'm going to be sharing with 15 people, instead of 7, with all the noise, "human traffic", temperature preferences management, etc, which entails. Besides, I'm petite, and I don't need extra space.
Expert:  Jamie-Law replied 2 months ago.

But does it say it has to be comparable with when changed?

Customer: replied 2 months ago.
the new desk needs to be "reasonably equivalent".
Expert:  Jamie-Law replied 2 months ago.

Then if that is the case and it is not you can sue for breach of contract or get out of the contract.

If you get out of the contract the they will have to sue you for breach of contract.

Assuming any claim is for £10,000 or less it will be a small claim.
As such you can defend it on the basis they have broke the contract

Can I clarify anything for you about this today please?

Customer: replied 2 months ago.
Hi Jamie,which step can I now take to get out of that contract (wihout taking legal action for now)?Thanks
Expert:  Jamie-Law replied 2 months ago.

Write and say you are ending it forthwith because of their significant breach of contract
Does that clarify?

Customer: replied 2 months ago.
I returned the keys (which got logged on the keys register),
and I'm not going to pay any further rent.Can I then play the "waiting game", and wait for them to take action against me (if they decide to do so)?I'd rather avoid putting anything in writing at this stage, unless it's obviously too much of a risk. Hope this is clear.Thanks
Expert:  Jamie-Law replied 2 months ago.

Yes that is right, just wait

Does that clarify?

Customer: replied 2 months ago.
Well, I think I'll write to them and ask for a refund for the days I still paid for the service and did not receive it.
(after I returned my key).
Besides, they still hold a 1 month retainer from me, therefore I'd better put things in writing.
What do you think?
Customer: replied 2 months ago.
Which office/department shall I address my letter to?
customer services?
Expert:  Jamie-Law replied 2 months ago.

Head Office.
Does that clarify?

Customer: replied 2 months ago.
it does. Thank you Jamie. This has been very useful to me.
Expert:  Jamie-Law replied 2 months ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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