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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13772
Experience:  Solicitor
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I am a sole-trader. I rent a room on school premises for the

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I am a sole-trader. I rent a room on school premises for the purpose of providing after school care to children attending the school. The school have just discontinued my letting and intend to run the same service 'in-house'. Can they just take my business from me like this?
JA: Where are you? It matters because laws vary by location.
Customer: South London, Wimbledon area.
JA: What steps have you taken so far?
Customer: The staff will be TUPEd over. NO further as not sure what rights, etc I have
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not at the moment

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Do you have any rental agreement with them?

Customer: replied 5 days ago.
A letting agreement only. We have to give 1/2 a terms notice on either side to terminate the let.

Ok. Have they terminated in accordance with the agreement?
Does it say anything about non compete?

Customer: replied 5 days ago.
Due to the existing 'business' being 'run in-house' exactly as it is, HR have established that the staff are protected under TUPE. Surely no one can just take the exact same business, and clients from the existing owner without some agreement, formal/contractual exchange?
Customer: replied 5 days ago.
They are not closing my business down or giving me the opportunity to do so, they intend to continue to the run the existing business as it is. I have had the business in the same location for 13 years.I have built up a good client base, good staff team and good business.

Ok, it does seem unreasonable.

You can seek a Court order to prevent them taking it.
You would need to complete forms N1:

https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

And N16a

https://www.gov.uk/government/publications/form-n16a-application-for-injunction-general-form

Or you can seek to get compensation:

You need to write and set out your losses and request compensation within 30 days of the letter of claim, or say you will go to Court within 30 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7

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?

If not I would appreciate a 5 star rating for my answer, the button should be at the top of the screen. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 5 days ago.
This advice is defiantly useful and gives me a solid starting point in deciding what to do next. Thank you so much

Pleasure.