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leenie81

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Apr 26, 2014
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325
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Location
west Yorkshire
I have a salon and have been there since June. I was pushed to sign a lease she gave me it at 8pm Tuesday and had to collect it wed am as she was going away for three months that day and needed it before then. I have asked for a copy of the signed lease but since November she's been putting me off saying the solicitor is taking ages with it! It's a three year lease and I want to check if there's a get out clause but as I don't have the lease I'm unsure. Does anyone have any advice?
 
Who is "she"? The landlord? First a nag - you never should have signed it without your own solicitor and you should have made a copy. But as for now, you need to put it in writing to the landlord, and also find your own solicitor and ask for some advice. Was it a thick document or just a few pages?
 
November?
Sorry, but she saw you coming and now she's stringing you along.

You should never sign a lease or business document without taking legal advice. Learn from this and don't be hoodwinked again.
 
Omg I'm so worried now!! It was really complicated and about 7 pages roughly I think, I didn't understand it at all!!! What shall I do about her putting off giving me a copy?
 
Sorry yes she's the landlord and has alot of other properties
 
You really must get back in control of the situation. Ask her once more for a copy in writing and send it recorded delivery. Then follow this with a phonecall to let her know you've posted it. See how you get on, and be firm. 7 pages isn't very long, I doubt she has sent it to a solicitor as they would have posted a copy to you. It's probably a document she has for all her tenants.
 
Is it a lease or agreement of tenancy? They are both different. A lease needs a solicitor to go through the documents as generally they are for the landlord NOT the tenant unless both parties add clauses IE a get out early clause - a lease (legal one) is usually quiet a thick pile of documents not 7 pages and is signed normally when paying a deposit and collecting your keys.
An agreement is usually just that, a honourable agreement between both the tenant & landlord and just several pages long. Normally these are not seen by a solicitor and easy to get out of such as 3 months in writing etc.
But saying this you should have a copy of either of these. Put in writing you require a copy of the agreement/ contract.
It's a learning curve one I have had in the past!
 
She keeps asking why I need it? I remember it saying I have to stay for three years? She said its a lease? I will ask her again, I don't have her address to send her a letter to?
 
She keeps asking why I need it? I remember it saying I have to stay for three years? She said its a lease? I will ask her again, I don't have her address to send her a letter to?

You moved into the premises in June. When did she ask you to sign the lease?

Are you clear about what your obligations are with regards to the utility bills? Are you required to carry out minor repairs or redecoration?
Was there any mention of when the rent would be reviewed? What if she chose to increase your rent every 6 months? What if she decides end your agreement? How much notice will she gave you to vacate?

Asking why you need a copy of a document containing clauses that she expects you to be bound by and no contact address for the landlord? I'd be wary but it might help if you know which other properties she owns. If so, perhaps speak to the other lessees and ask them whether they have found her to be a fair landlord. She may be reasonable but rubbish with paperwork (straw clutching here!)

If you can't write to her, text her and keep the texts that you send/receive.

If she still tries to dismiss your concerns, make an appointment to speak to a solicitor so that if you need to pursue it further at some point, you have someone already lined up to advise you.
 
Thankyou so much. She asked me to sign in September but as the previous girl that had rented the shop before hadn't paid her electric bill I was asked to send lease to them so I asked for it.she said at first that we could see how I went for six months. The girl before had a lease but left early . She said I pay any repairs that need doing in the shop including Windows ect . I just don't get why she's taking so long to give me s copy? I would like to leave before the three years is up but don't know where I stand
 
Do you know when you want to leave?
 
I would leave soon if I could but ideally in a few months. I want to convert my garage but to be honest I darent leave before three years incase she takes me to court. I'm struggling to get people to rent off me and I can't afford to employ anyone. She said her solicitor had a heart attack and that if I wrote a letter saying I need s copy and sign it she will pass it on to the solicitor and it will speed things up but I think that sounds strange?
 
Sue you for what?! She hasn't given you a copy so how could you know? Anyway, you need to just put an end to this and move on. So what you need to do is ring up, say your business has failed and you have run out of money. Say that you kept asking her for the lease as you wanted to know what the notice period was. Then say you can pay up to the month you have in mind to leave, and that should be the end of it. Don't mention you are moving your business, just say you're going to look for a job if she asks. And get legal advice next time you ever sign anything like this!
 
Do you think il be ok just leaving? What if she gets a copy sorted after?
 
You don't have much choice do you, if you want to leave you need to tell her. You are far too trusting, how would you even know if a copy she came up with now is the one you signed? Need to get this sorted, or just stick it out for the full 3 years.
 
Oh god I'm torn. I really don't know what to do! If I can get people in to rent il try stick it out but if I can't I was going to leave . I have moved a couple of times due to renting rooms and salon closing ect so thinking I might have to stay put for a while as clients might get fed up. I think as I had people Come and go and can't find people to rent space I am getting disheartened with it all
 
Just from the situation you have said I would be leaving - as far as I can see you do not have a contract for it to be legal it should have been signed at the start and your copy given to you then not months later! Go see a solicitor for 15 mins free advice that deals with employment etc and get their advice It's your best bet in this situation - after all it's your business.
 
Thankyou i will definitely go and see a solicitor xx
 
I've tried to get in touch with emolument solicitor and it seems so hard. They keep passing me on to different companies and the last one said the lease needs to be over a certain amount of years for them to deal with it so I don't know what to do. I am finding it hard with overheads and I can't find anyone to rent space and stay as they don't get busy ect. I'm feeling stressed
 
This may not be the advice your looking for but if things are so bad where your not meeting your over heads, the landlord still won't provide the lease/contract then I would be closing the business and leaving quickly with my equipment. You can't continue to run a business that isn't making money x
 

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