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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 3760
Experience:  Owner at James Bruce Solicitors
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We leased a restaurant it was a 5 year contract but all was

Customer Question

Hi we leased a restaurant it was a 5 year contract but all was not as it seemed we ended up having to leave after only 4 months as we were losing thousands the landlords pursued us for rent and took us to court they won and the rent they claimed for was just over 4,000 since then as we couldn't pay and they wouldn't agree to a payment plan we ended up with a charging order on our house, we have now sold and in the process of paying that, they released us from our restaurant contract in February 2020 but they have sent another letter saying they are going to take us to court for a further 17,500 rent which they say is due up until Feb 2020 what can I do as they are completely destroying our lives
JA: Where are you? It matters because laws vary by location.
Customer: Wales UK
JA: What steps have you taken so far?
Customer: Nothing as yet we can not afford a solicitor
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 13 days ago.
Category: Law
Expert:  james bruce replied 13 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Unfortunately, when you took out a 5 year contract you entered into a legally bonding agreement.

It is unfortunate that the business may have failed or you were unable to make payments, but that is a risk of business. There are insurance policies available to cover such matters ie loss of income, or inability to work etc. If a business whose not to take out such business interruption insurance, again that is a risk they take.

From what you have explained, the original charge was most likely for the overdue rent up until that time.

You would sill be liable for the agreement and therefore any outstanding rent due from your business agreement.

If the agreement was taken out in a business name only ie a LTD company then you may consider insolvency. BUT if you took the agreement out in your own name or as a guarantor then you would still be liable.

Customer: replied 13 days ago.
Thank you for your response
Expert:  james bruce replied 13 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.