No contract due to no sub-letting. Please advise.

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Zooks

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Good Afternoon Geeks.

Bare with me as this post may be a slightly lengthy one. Some of you geeks may recall I wrote a post some time ago about getting myself into a really awkward situation with the lady I am renting a room from. Basically a new salon was due to open in my home town, I had been looking at the place myself but didn't have the capital to invest at the time, so when I discovered she was looking to create a treatment room I contacted her immediately and we agreed I could rent the room from her.

At the time I was in a full time retail job doing mobile beauty in the evenings and went into it full of hope, as you do, and I thought quite prepared.
Contracts were discussed and I had some say in how the treatment room would be set up. I asked to have a sink in and was told it wasn't in their budget to be able to provide one but that if I could contribute towards some of the electrical work being done they would be able to afford it (all a little peculiar I know) I agreed as I wanted the sink and my brother could do the work at a reduced price for me.

Finally we opened a few months a go and I have asked several times about sorting out a contract and been told we would get it sorted on about 6 occasions now. I get on really well with the lady but she is extremely disorganised in most of the things she does so I put the lack of contract down to that. I asked a couple more times and was aware it could become quite awkward asking again and again but I'm sure you understand I wanted to have some guarantee and security after taking a loan out and leaving a well paid full time job to do what I truly wanted to do. Finally after letting it rest for a month or so I broached the subject again the other day. To which she replied, its a problem as I don't think I am allowed to sub-let. This hit me like a tonne of bricks as this had never ever been mentioned and perhaps stupidly didn't event cross my mind.

Now, I am all too aware that I should have sorted this before I started but having not done it before my naivety obviously played apart so I would appreciate not being lectured as in the previous post when I was looking for a little help rather than to quite literally be told of my already realised error.. I'm aware this was my mistake and I am wondering what my options are in this situation if any at all.

Is there another kind of contract we can have drawn up? Am I even allowed to be there? Am I breaking the law by being there or is she by being the one letting the room out?

I am absolutely devastated by this revelation and realise my error. I would honestly say I have done more marketing and research than the salon owner and have put equal amounts of money into adverts promoting the salon rather than doing my business individually. I have allowed myself to be take a for a fool. I want to carry on working from there after building myself a good client base but could do with some solid advice on where to go from here.

Thanyou if you have taken the time to read this.
 

SillyBilly

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Hi. I do feel for you, you already know your predicament. I've just chatted through your situation with my hubby and although neither of us have any specialised knowledge we thought.....

Why don't you get the lady you rent from to approach her landlord and ask for a sub letting clause to be put in her contract which safeguards all parties.

Or

Ask the lady to employ you and work your contract that way

Or
Try to move your client base to your home maybe or try to rent a space in another salon close to where you are now.

Sorry if that's not much help but I didn't want to read and run, hope it all works out for you xx
 

Susie H

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She doesn't know if she can sub let!
Well that's the first thing she needs to find out about. Until you know for sure there is nothing that can be done apart from move out and I agree with you, I wouldn't want to do that either.
So contact landlord and find out if you can sublet. The reason landlords don't like it is because if there is a problem with the tenant, a sub let makes it very messy, legally speaking, but if the landlord feels that way ask if you can rent the room direct from him, this would mean he'd have to reduce the rent for his other tenant, draw up a new contract for her, one for you............he may think that's to much trouble and agree to the sublet clause.
Or, talk to the lady you rent from and see if she's interested in you two being partners. You could still keep your business separate but rather than paying her rent you and she share the overheads of the premises.
Please let us know how it turns out xx
 

Male Storme

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It is very unlikely the landlord will allow the leaseholder to sub let.

As for you carrying on working there, I do not see a problem, as long as you and her get on.

But has for a formal contract, there really cannot be one, as if she for some reason walks away from the premises, or does not abide by the covenants of the lease which results in the landlord taking back the premises, you will then have to vacate too.

Any contract you had with her, unless agreed under the terms of her lease, would be worthless.

The only advice I can give, is if you wish to stay there, carry on as you are, and hopefully stay friends with her.
 

Zooks

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Thankyou Kindly for your replies Geeks. I am hoping that when I go back into work tomorrow that she will have spoken to her landlord as I had asked her mid week to do so.

There's slim to zero chance of her wanting to be partners, without going into it her husband would most definitely not allow it, the salon used to be a shop and they have put their own money into refurbishing it so I understand.

Thankyou for your suggestions and for giving me the time of day by reading my essay!

Any other advice more than welcome.
 

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