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Posted for shellybelly
In a nutshell - saw a cafe advertised on ebay, went to look at it in October, paid a deposit to the present tenant of £5000,got a solicitor to do all the paperwork back in October 2013 and lease still is not ready.
First of all we were told the lease would be completed by 31st October 2013 so we went about selling our mobile home which we lived in and closing down our present cafe business.
Got an email from our solicitor saying that completion would not now be by the 31st October, which now left us homeless as we had sold our mobile home, so we went on holiday for 2 weeks.
On returning (14th November 2013) got in touch with solicitor who said still not ready, so we were now homeless.
We then agreed with the present tenants that the lease would not take long and could we move into the cafe (the accommodation needed extensive repair and decorating to the rooms so this would give us time to do before opening). They had also found alternative accommodation so this seemed good to both parties.
However, as it was by now nearly Christmas, the landlords solicitor told our solicitor that he was far too busy to do anything with our lease as he had more important things to attend to and could it wait until after Christmas.
We agreed and thought "christmas rush" with everyone.
After Christmas we were told that he was still too busy to deal with things and so he was going to pass the deed of variation and the licence to assign over to our solicitor, but this would cost us £500 plus vat but everything would be done within 3 days. That was on the 10th Jan 2014, so we agreed to get things moving.
Now though, things are becoming very tricky and very expensive for us.
We were paying the previous tenant the rent money and had taken over the business rates and electricity in our business name until I told our solicitor and she said not to pay any more money as we were putting ourselves in a vulnerable position, so we havent given the previous tenant any more rent money.(there will be 2 months rent owing soon)
We were told how much our solicitors fees were going to be and agreed on that price at the onset and have already received a big bill for part of the payment, which we have paid.
However, yesterday we received another itemised bill which is still only up until January 2014. Obviously we have been badgering our solicitor to badger the landlords solicitor to get things moving but did not realise that we were being charged for every phone call and email they made for us.
Then we were told that photographs had to be prepared for the Schedule of Condition so I said that I had all the "before" photos if they wanted them, then on ring ing up was told that the trainee solicitor was too busy and that it would take him 2 hours to do them. So I said I would print them off myself and send them to him, which is where we are to date.
Is this normal practice for the transfer of a lease, I dont think so as we have had leases before and the longest time it took was 6 weeks. Have we got any leeway with the charges for calls, emails etc as it is not our fault its taking so long and how can we contest them.
It seems that there is an obstacle at every hurdle and both solicitors are dragging it out.
How do I complain and if I do who to ? have I got a leg to stand on putting my point across to a solicitor? who knows more about the law etc than me? and then theres the fact that we shouldnt be living here anyway - what a mess.
I feel we are being ripped off as we have to pay the landlords solicitor as well, although he is doing nothing.
What happens if I refuse to pay any more money to my solicitors ? Will the lease ever get into our name ?
We are running out of money very quickly and need to open in the next week, I have told our solicitor this.
Then there are the previous tenants who want their balance for the sale of the lease ( and I cannot blame them ) badgering us to complete the sale.
I need some solid advice on what to do next as all of this is making me ill. I should feel elated at the thought of opening a new business but I dont.
In a nutshell - saw a cafe advertised on ebay, went to look at it in October, paid a deposit to the present tenant of £5000,got a solicitor to do all the paperwork back in October 2013 and lease still is not ready.
First of all we were told the lease would be completed by 31st October 2013 so we went about selling our mobile home which we lived in and closing down our present cafe business.
Got an email from our solicitor saying that completion would not now be by the 31st October, which now left us homeless as we had sold our mobile home, so we went on holiday for 2 weeks.
On returning (14th November 2013) got in touch with solicitor who said still not ready, so we were now homeless.
We then agreed with the present tenants that the lease would not take long and could we move into the cafe (the accommodation needed extensive repair and decorating to the rooms so this would give us time to do before opening). They had also found alternative accommodation so this seemed good to both parties.
However, as it was by now nearly Christmas, the landlords solicitor told our solicitor that he was far too busy to do anything with our lease as he had more important things to attend to and could it wait until after Christmas.
We agreed and thought "christmas rush" with everyone.
After Christmas we were told that he was still too busy to deal with things and so he was going to pass the deed of variation and the licence to assign over to our solicitor, but this would cost us £500 plus vat but everything would be done within 3 days. That was on the 10th Jan 2014, so we agreed to get things moving.
Now though, things are becoming very tricky and very expensive for us.
We were paying the previous tenant the rent money and had taken over the business rates and electricity in our business name until I told our solicitor and she said not to pay any more money as we were putting ourselves in a vulnerable position, so we havent given the previous tenant any more rent money.(there will be 2 months rent owing soon)
We were told how much our solicitors fees were going to be and agreed on that price at the onset and have already received a big bill for part of the payment, which we have paid.
However, yesterday we received another itemised bill which is still only up until January 2014. Obviously we have been badgering our solicitor to badger the landlords solicitor to get things moving but did not realise that we were being charged for every phone call and email they made for us.
Then we were told that photographs had to be prepared for the Schedule of Condition so I said that I had all the "before" photos if they wanted them, then on ring ing up was told that the trainee solicitor was too busy and that it would take him 2 hours to do them. So I said I would print them off myself and send them to him, which is where we are to date.
Is this normal practice for the transfer of a lease, I dont think so as we have had leases before and the longest time it took was 6 weeks. Have we got any leeway with the charges for calls, emails etc as it is not our fault its taking so long and how can we contest them.
It seems that there is an obstacle at every hurdle and both solicitors are dragging it out.
How do I complain and if I do who to ? have I got a leg to stand on putting my point across to a solicitor? who knows more about the law etc than me? and then theres the fact that we shouldnt be living here anyway - what a mess.
I feel we are being ripped off as we have to pay the landlords solicitor as well, although he is doing nothing.
What happens if I refuse to pay any more money to my solicitors ? Will the lease ever get into our name ?
We are running out of money very quickly and need to open in the next week, I have told our solicitor this.
Then there are the previous tenants who want their balance for the sale of the lease ( and I cannot blame them ) badgering us to complete the sale.
I need some solid advice on what to do next as all of this is making me ill. I should feel elated at the thought of opening a new business but I dont.
