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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a retail business selling seasonal goods including garden

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We are a retail business selling seasonal goods including garden furniture, camping and caravan equipment. A large part (approx 40%) of our business is the sale of retail fireworks. We have had a seasonal licence to sell fireworks for the last 9 years and an all year round licence for the last 2 of them years. We have considerably small storage of fireworks (250 nec weight). We have not had a lease in place here since the old one ran out in 2007. The landlord's agent has approached us to sign a new lease which we are more than willing to do but the landlord now wants us to stop the sale of fireworks. We are part of the most regulated industry in the UK and throughout the world. We have never ever contravened any regulations against us and our storage of fireworks, We are well within the law to sell such item as we have certifcates from the fire service, tranding standards and all insurances in place. The agent for our landlord has stated that the landlord has had no insurance in place for years regarding the fireworks and has only just realised this, We have offered to pay towards his premium to counter act the change in price for our fireworks. He has been well aware for the last 9 years we have been selling fireworks and has never had a problem with us doing so. We are sitting on and purchased a considerable amount of stock of fireworks (somewhere around the sum of £50,000 as we have to buy these upfront well before the season starts) Most stock is stored in bunkers underground. If we are stopped selling fireworks it will kill us as a business and will no longer be able to go on. His main argument is that our premises is attached to other units and if something went wrong here then others would be affected. There are dangerous and flamable chemicals stored all around us in other business' and they are not frequently regulated by the council, trading standards and the fire service like we are. Can the landlord do this and where do we stand?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
For now please let me know if you are in breach of any term of the lease?
Customer: replied 1 year ago.
No we were not in any breach of any terms of original lease
Expert:  Ash replied 1 year ago.
Ok - then the Landlord can not do that. If it was a term of the lease then there would be an argument. But the Landlord is bound by the terms of the lease which are a contract.That contract is binding on both parties and can NOT now be changed. So no, the Landlord can't make you do this. If he wanted to allow for this eventuality it should have been in the lease.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Hi Alex,The problem I see in your response is that we have not had a lease in place since we have been selling fireworks. Our lease expired in the year we started selling fireworks, but the landlord was informed of this back in 2007 that we were selling them and has actually purchased fireworks from ourselves over the past few years. All of a sudden, we are offered a lease renewal with this stipulation regarding the sale of fireworks.
Expert:  Ash replied 1 year ago.
Did your old lease have a right to renew?
Customer: replied 1 year ago.
Yes it did. In 2007 we was offered a draft lease and it was never signed, they didnt ask again.
Expert:  Ash replied 1 year ago.
Does it say on same terms?
Customer: replied 1 year ago.
No the landlords agent has been told to issue a section 25 to terminate any old lease and to put this new one in place with the new restrictions
Expert:  Ash replied 1 year ago.
If you dont do it, what is the Landlord saying he will do?
Customer: replied 1 year ago.
We have to sign the new lease and cease selling fireworks ASAP or relocate the business to other premises.
Expert:  Ash replied 1 year ago.
Ah, in that case its bad news. You have no agreement so it can be terminated. If it is terminated then you have to leave. All you can do is seek a renewal and have a Court rule whether or not they can implement this new term. If the Court is with you then the Landlord cant change it.Can I clarify anything for you?Alex
Customer: replied 1 year ago.
That's all thank you, ***** ***** time using this site, if I rate this conversation now how much will it charge me? Just the £38?
Expert:  Ash replied 1 year ago.
Yes its a one off fee.Does that clarify?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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