Commercial tenancy expired

[steveeasy]

Ok I’ll change town. Never been told they just too busy before.
steveeasy

[steveeasy]

I'm still don't understand what happened. If he sent a letter to all your partner's customers he surely must have had their addresses? So how did he get them? The identity of your customers is the confidential information of your partner's business. And may well be covered by data protection law as well.

These are things you need to disclose to any solicitor you are consulting as you may want your injunction to also prevent him contacting your customers.

I forgot to clarify this point. My partner has 30 onsite customers. He left a letter for each of them. We did not know, they told us.

Reassuring to them but I guess he had no legal right to just take them over. Hence short notice and security intimidation.

it is quite bizarre. We had another business and we had 50,000 of rent arrears. Not that simple. The landlord stole a grant for our business for £176,000. Investigated by PHO and fully upheld in 2011. But even with all that in the background we got full notice period and not interferred with.

this business no rent arrears. No charged other amounts. No problems. But this ridiculous security. He must be a fool as at a guess it could bit him in a big way. There is nothing to steal. Did he want to intimidate us so much we left our assets. Yes he needs them.

steveeasy

[steveeasy]

Ok I have an update.

Ive spoken to two firms.

the first specialised in leases ending and had a blog on it.
thier view was the tenancy ended and my partner could be referred to trespassing. Yes he thought notice short but she could have got less than 11 days.

the second firm clearly looked at the bigger picture.
the lease ended. Confirmed in the notice letter and in letter to customers as well as other evidence. The landlord had agreed my parter could stay on. Given the rent is normally monthly 1 months notice would be standard.

so that opens up more issues

the lease my partner took on referred to another property name.

when the landlord marketed the freehold ,he did so with her trading name advertising what business did. He was marketing her business as well as the free hold.

she showed the buyer arround. And between landlord, herself and buy agreed a fee for her business.

so the ball is in his court.

if he bills her for last two months then he unlawfully evicted her and they would argue he had agreed a value for her business.
there should be no security nor approaches to her customers.

If he does not charge her rent which said he would not my partner could still seek damages for lack of notice and eviction.

it all apparantly comes down to what he agreed when the lease ended. They think there is a good case to argue he gave her permission to stay which he confirms in notice letter posted on here. That has created an at will or whatever lease. Unprotected but a lease.

so he might be clever but not that clever after all.

Thanks for pushing me to seek advice further.

steveeasy

[atticus]

Good.

And the potential damage to the business is substantial. I am sure that the solicitors will have got that point on board.

[steveeasy]

Pass.
does good news follow bad or likewise.

The second firm who was good to talk to and looked at bigger picture messaged back. Conflict of interest. Our landlord has his fingers in a lot of pies.

Anyway I’ll find another one. I’ve copied everything including add placed for my partners business for sale in 2024 using her business name and not the name referred to by council and the lease. That add states vacant possession could be had straight away by serving 6 months notice!!!!!!.
I’ll read the Tennant again.

steveeasy

[steveeasy]

Hi
thought I should update on the matter. Unfortunantly the firm who advised us could not take the matter on. Conflict of interest. We went to two more firms and they advised us we had no right to any notice.
we have left. The business continues under our business name. With our logos. All copied and being posted on social media.

no idea who is behind it .

will continue to investigate.

thank you for the advice.

[steveeasy]

A further update.

our landlord has set up the social media page. He has posted under my partners trading name and logo thanking customers for the support over the last year and looking forward to the new year ahead.

So agreed she could continue hoping a sale would go ahead. When it fell thru he decided his best option was to get her out fast. Take over her business and title and logo and continue what was her business. Not what the name of the premises is actually called in the tenancy or the property name the council recognise it as.Then he can sell easier.

it makes sense for his benifit. Did he steal her business with little notice and using intimidating tactics ?
anyway. Happy new year.

steveeasy