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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16425
Experience:  I have been practising for 30 years.
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I rent a basement room in a salon, the lease holder who i

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Hi i rent a basement room in a salon, the lease holder who i pay rent to has given me the okay to work on sundays but the hairdresser who manages the business upstairs has said i cannot bcos he isnt in and put a lock on the shutter with out any ones knowledge this weekend (not even the lease holder) losing me a lot of business and money, what are my rights here? I am having a meeting with the property owner and hairdresser today
Assistant: Where are you? It matters because laws vary by location.
Customer: In south london, uk
Assistant: What steps have you taken so far?
Customer: I have contacted the landlord, he has called a meeting today, but this issue has been ongoing for over a month and he keeps sabotaging my business, this weekend i lost almost £400
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, i have worked in this salon for Over 2 years and i have been working on sundays with no problems (Myself and the other businesses/freelancer operating in the salon) until early decemeber, at this point it was brought to my attention that the hairdresser became homeless and was sleeping in the salon and didnt want anyone working while he was sleeping there, i complained to landlord and he would come in and supervise on sundays so we were able to work. Now he is no longer sleeping in salon but he has said he still doesnt want anyone in on sundays as he isnt there. The landlord/lease holder has said he cannot make this decision but he is taking it upon himself to do things like turning off my cctv cameras from the mains and locking the shutters and not providing keys
Customer: replied 6 months ago.
I feel as though he is embarrassed and trying to assert some authority on me as i am the youngest working in the salon and female, it is causing me a lot of distress as i am feeling discriminated against, there have been no incidents or issues at all to warrant this change/behaviour other than his personal situation interfering with business

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

have you told the leaseholder he was sleeping in premises?

do you feel he is trying to scare you?

how old is he?

Customer: replied 6 months ago.
i have told him, and after that conversation i was asked by the leaseholder how i feel about taking over the upstairs section of salon as he has been having a few issues with the hairdresser in question, this is another reason why i feel as though i am being targeted as i believe he is aware that i am having talks with the lease holder of this nature and he is trying to force me out by disrupting business. I have a lash technician who rents a chair from me within my treatment room, he knows she works every sunday and i only work some, she has contacted me On several occasions to tell me that he has been aggressive with her when he was ‘living’ in the salon, Playing loud music at full blast, throwing nutshells on the salon floor while walking around in his boxers. He speak to me at all about any issues, he goes behind my back doing things like and intimidating my team mate, turning off my cctv camera from the mains, and putting a new padlock on the shutters after i have left the salon, I believe he is trying to make her leave which will greatly effect my profits thus putting me in a bad position.
I am 23 and he is in his mid to late 30’s i am not exactly sure how old

Thank you. I need to exactly who is renting the building from the freeholder and who you pay your rent to.

you refer to a leaseholder and a managing hairdresser and I’m not certain who is who.

You say “he keeps sabotaging your business” but you don’t say who “he” is.

Is there a reason behind this?

Customer: replied 6 months ago.
Hi sorry, the leaseholder (Mark) is who i pay rent to directly and who i met with when i decided to rent the treatment room, he has given me the okay to work on sundays. The hairdresser (Adrian) which who i am having the issue with manages the hair salon section of the salon. As far as i have been made aware he has no financial stake in the property, he is just the original /first renter.
I have my own keys to the property which allows me access, the exception being that i can only work between the hours of 10am-10pm, which i agreed to when i paid my deposit.
Adrian made the decision to attach a personal padlock to the shutters despite the leaseholder reconfirming that he is happy for myself and the other renters to work on sundays. They have cameras installed so can keep an eye on their property when they aren’t in salon.
I believe it is sabotage as i have had to complain directly to the landlord several times about his behaviour and i have been made aware by the leaseholder that Adrian is having financial issues and isn't able to cover his expenses for the salon, which is why i have been asked if i would like to take on the bigger space upstairs. I believe he is trying to put me off of by sabotaging my business. As there has been no incident where my working on sundays has made any effect on his business

Just let me get this right. Thank you.

Adrian who is causing the problems, from what you say, has no more right to do this or dictate anything to you than you do to him or am I missing something?

What would stop you attaching your personal padlock to the shutters also to stop him going in? I’m not suggesting you should (although it is attractive! :-)) But I’m trying to ascertain why he seems to think he has more rights over this than you do.

Customer: replied 6 months ago.
Exactly, Adrian was technically just the first to move in and has the front of salon spot, Mark has all legal rights to the property but to open a salon was Adrians idea originally. However Adrian hasn’t held up his end of the deal financially which is why Mark has offered Adrians space to me. I was only made aware of Mark and Adrians exact positions recently. Despite having only dealt with Mark when it concerned my rent/business i did assume they were equal partners until i was told otherwise by Mark.
My issues with Adrian started just as Mark and Adrians business relationship started to deteriorate. I feel like i am collateral damage. I also feel that Adrian is confused about how much control he legally has, on one occasion he said to me that i should email him instead of Mark because it is ‘his name on the top of the door’. I explained to him that I contact mark about my concerns because i pay rent to him. I am having a meeting with them both at 3pm today
Customer: replied 6 months ago.
I just wanted to confirm that with the go ahead of the leaseholder i am within my right to argue that my working hours cant suddenly be restricted by another renter.
In this meeting i also want to bring up compensation for the loss of earning i experienced on sunday due to him attaching this personal lock with out notifying anyone and refusing to come in to open it, am i within my right to do so? And if i were to take this to small claims do you think I would have a case?

The meeting at 3 PM today may resolve it.

You can tell Adrian that you have been advised that if he puts his lock in the property, you will be doing the same because you have as much right to enter the property and to lock the property as he does.

Although I said I didn’t recommend it, I have had a client do exactly that and when the other guy cut the lock off, he ended up getting prosecuted for criminal damage.

Unless there is something in a tenancy agreement that restrict hours, then they can’t be restricted even by the landlord. At this stage I think the more bullish you are with Adrian, the better. You have to accept that it isn’t the landlord’s fault, it is actually the landlord tenant that is causing a problem.

Provided you can prove what your loss was for this day, I can see no reason not to go to the Small Claims Court because the worst that can happen is that you lose and it will certainly focus the mind of Adrian.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 6 months ago.
Thank you! This is very helpful. The tenancy agreement is what the leaseholder (Mark) would have is that correct?
Customer: replied 6 months ago.
Also do you know of any uk laws that i can use to support this claim that if it isn’t in the tenancy agreement that i can’t be restricted?

I am glad to help.

The default situation is that if it is not in the tenancy agreement it cannot be restricted.

It is the common law situation.

If there are restrictions they must be specified otherwise when would you know to go into the property and when not?

This is of course subject to planning consent but that’s a different issue

F E Smith and other Law Specialists are ready to help you