Insurance Problem with salon owner

[pure]

Ok I will try and explain this so that it makes sense!!

I rent a room upstairs in a hair salon. The hairdresser is a tenant herself, renting off a third party via an estate agents.

The hairdresser (MY landlady) is refusing to provide me with a key to the premises so that I can work when she's not there because she said that if one of my clients fell on the stairs while she was not there then there is no insurance cover if a claim is made.

Now this is becoming a big problem for me, especially when she takes a holiday or anything because it will mean that I will also have to close even though it's not necessarily convenient for me re childcare etc.

For example my youngest has chicken pox and I wanted to rearrange this weeks clients to come in for all day Wednesday because thats when my hubby could take a day off to look after him. BUT the hairdresser had booked herself a half day off and said she couldn't open up in the afternoon for me, which has caused major disruptions for my poor mum and hubby this week!

I have called my insurance company, Professional Beauty, and they advised that they only cover the treatment area, not to and from it. I also called the Guild to see if there were any different but no. :irked:

How on earth am I going to get around this so that my hours are not governed by someone else. The whole point of being self employed was so that I could make my own working hours to suit ME.

Help. :cry:

 

[del3]

This sounds a bit suss to me.
Is she allowed to sub-let?
Mayby that's why she's not so keen on you having a key.
I could be wrong but mayby you could check this out with the estate agent.
So if she poped out to the shop for example and someone fell over on their way to your bit of the salon and say, broke a leg, does that mean the insurance is not valid then simply because she wasn't on the premises at that time???

 

[oey]

Now that is very interesting!

If she says the insurance is only valid when she is on the premises then I would imagine this is the case with all sub lets - like I am doing at the minute. I have always presumed that the hairdresser who I rent from (who rents from the landlord) it is her insurance that covers the rest of the premises.

It does sound very suspicious as if this is the case then there are hundreds and hundreds of us that would be affected like this.

Does she employ any staff?

 

[JoJoPearce]

I take it she is talking about the cover under her public liability insurance.
If this is, can you not take out your own policy as you are self employed or you maybe able to get added on to hers at an additional cost.

Worth calling a broker and assking about this.

 

[The Guild]

This sounds more like a tenancy issue than an insurance issue. You should have a lease agreement with the hairdresser which will stipulate who is responsible for providing public liability insurance cover in the different areas of the building. If you are sub-letting from the hairdresser, then this is one of the areas your solicitor or advisor should have checked before allowing you to sign.

You don't actually state if you have a lease agreement, or if you received legal advice at the time this was drawn up. As the hairdresser is the tenant renting via an estate agency, she will almost certainly have a lease agreement with them. Many lease agreements do not allow tenants (in this case the hairdresser) to sub-let any part of the premises, so it might be that this is an informal arrangement, but one which obviously offers you no protection at all.

The hairdresser is blaming her insurance cover for not allowing you to work in the premises when she is not there, but this could be a convenient excuse, and it might well be that she just does not want anyone else in the building unless she is there.

It may be a little late in the day, but it always pays to take proper advise before entering into any type of lease arrangement. We can't offer you any specific advice without understanding your situation fully, however, if you are a Guild member, we would be happy to get one of our Directors to talk to you and advise on what steps to take.

 

[pure]

Thanks guys.

It is an informal agreement, so no written contract. Although she is not allowed as per her tenancy to sub let, both the agents and the actual owner are aware of it and have said that if thats how we want to do it, it's between us. (I think they all wanted to avoid paperwork/costs). Perhaps in hindsight this was a little naive!

However, whats done is done and I am in here and I need to sort it out.

 

[bombini]

Thanks guys.

It is an informal agreement, so no written contract. Although she is not allowed as per her tenancy to sub let, both the agents and the actual owner are aware of it and have said that if thats how we want to do it, it's between us. (I think they all wanted to avoid paperwork/costs). Perhaps in hindsight this was a little naive!

However, whats done is done and I am in here and I need to sort it out.

Does this mean then if all the paperwork is done then you will be able to work alone in the building ? If so I would tell her that this needs to be done or you will look for alternative premises (im guessing she will want you to stay so she gets her rent ?!)

If not what are you going to do ?

 

[pure]

Now that is very interesting!

If she says the insurance is only valid when she is on the premises then I would imagine this is the case with all sub lets - like I am doing at the minute. I have always presumed that the hairdresser who I rent from (who rents from the landlord) it is her insurance that covers the rest of the premises.

It does sound very suspicious as if this is the case then there are hundreds and hundreds of us that would be affected like this.

Does she employ any staff?

I think that as long as your sub let is legal, ie you have a written contract and it's agreed within their tenancy agreement then there shouldn't be any problem.

But you know insurance, they will find any loophole possible not o pay out if they can. :irked:
(Sorry Guild, no offence intended but I worked in insurance for years and have a little idea how they work!! :lol

This sounds more like a tenancy issue than an insurance issue.

Many lease agreements do not allow tenants (in this case the hairdresser) to sub-let any part of the premises, so it might be that this is an informal arrangement, but one which obviously offers you no protection at all.

The hairdresser is blaming her insurance cover for not allowing you to work in the premises when she is not there, but this could be a convenient excuse, and it might well be that she just does not want anyone else in the building unless she is there.

I think you are spot on with all of this.

Does this mean then if all the paperwork is done then you will be able to work alone in the building ? If so I would tell her that this needs to be done or you will look for alternative premises (im guessing she will want you to stay so she gets her rent ?!)

Well I talked it over with hubby and I think I've decided that I will quietly begin to look for somewhere else - legal!! But until that something comes along I will stay there and just follow her hours and make the best of things I suppose.

I would certainly advise anyone else in this position to think of their insurance as a priority because it can be one of those things that gets forgotton in the excitement of setting up a new venture.:cry:

 

[pure]

Just a little update - I have been offered first refusal on another room which is not attached to any other salon.

It is bigger than the room I have now, £60 a month cheaper, and it is on the main shopping road in the town. It is on the second floor but it does have a window fronting onto the road.

It's available from the beginning of April and I'm now waiting to go and have a look at it. I will need to find out about toilet/water facilities but otherwise I am quite excited.

It will also have a BT land line in there to enable me to have another number because I'm sure that some people are put off calling a mobile.

I've attached a plan of the room, what do you think?

 

[oey]

Looks like there will be plenty of space there for you but proof will be the feeling you get hen you walk in there.

When are you going for a look - let us know how it goes x x x

 

[pure]

He is going to check with the current tenant when would be a good time for us to go and look so I'm hoping that we'll be able to take a look sometime this week.

I just love the idea of having my own key, setting my own hours, and being able to come and go as I like.

But I shouldn't go getting my hopes up until I've seen it and like you say get a feel for it.

 

[oey]

What type of business is in there now? Why are they leaving?

 

[hippy-chick]

come on pure, tell us what its like!!!!!

 

[pure]

What type of business is in there now? Why are they leaving?

I don't actually know but the set up is currently for an office but I'm sure it wouldn't take much effort to convert it.

come on pure, tell us what its like!!!!!

I don't know yet I haven't been in there. Just waiting to find out when we can view. I've just been looking at the layout and am already working out where I can put things! :lol: