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Forfeiture of business

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  • Forfeiture of business

    Hello I need some advice regarding my business which is based in West Yorkshire. It is a fastfood business -Takeaway. We have run this business for over ten years and it is a family run business which we have put a lot of effort in to making it work. The property. In Wakefield is the Marygate house which was being rented out by Wakefield Council and the local estate agents Vickers Carnley. We have run this business and put a lot of hard work into it due to the coronavirus and everything else. We have kept it open due to business being slow but we have not gave up. Originally my father opened this place and passed it on to me. I am the owner and run the place with my three other brothers. It is a well established place.
    We pay our bills and rent and have tried not to get in to arrears but due to the circumstances and the lockdowns the business has been slow and arrears did start but now everything is back to normal we are back to normal and running the place as best as we can.

    Last year the property was sold to Priestly Homes and we was told by the landlord - Vickers Carnley that rent must be paused due to them not knowing if they was going to carry on to look after the place. The company Vickers Carnley estate agents in Wakefield advised us they would be in touch and not to pay any rent to them as they were not in control of the property. In February we was told they were back in control and was going to carry on on behalf of the new owners.

    We have a ten year lease which my father is a guarantor with the Wakefield Council and Vickers Carnley.

    We have not been in touch or contacted by the new propertiers or no contact us ever been made by the new landlords.
    We was told that Vickers Carnley were still the landlords and rent should be paid to them.
    So we have been paying rent and few weeks we have had slow weeks and moneys been slow due to the virus and everyone getting back to normal.

    On the 5th July we have tried to open my shop but the landlords have advised bailiffs to change the locals and told us the property has to be forfeited due to rent arrears. We have had no contact or warning letters from them neither have we been given a chance to resolve the matter they have changed the locks and put notices on the business windows without notifying us or giving us a proper chance to explain the matters.

    We are a small business trying to make a living me my father and my brothers have put a lot of money in to the place to make it work and we feel like it is not fair how this is happening. We have contacted the company Andrew Wilson and co which is the bailiff company acting on behalf on the landlords but they are not explaining or giving us any details of why. We are ready to resolve the matter but the landlords Vickers Carnley are saying they cannot help due to being out of they hands also Wakefield Council are not will to help also even though the lease was made through them.

    We have a months worth of arrears which we have and are ready to pay and also ready to pay any compensation due to the circumstances. We just want the business back and to be given a fair chance as it’s everything to me and my family and have been there for over ten years. We have always paid rent and paid to renovate the place and pay for any damages inside we have made the property to the best condition we can. We have always looked after the place and abide by the rules and regulations.

    We don’t know how or why we are being treated this way without being notified or even being given a chance to resolve or talk to fix things.

    I’d appreciate it if you could advise me the best way to help me or fight this matter as I don’t want to lose my business and I feel we are being treated in the wrong manner without any problems previously or anything we are being forced out of a property we have put our heart and soul into making it work.

    It’s a small business we helps me and my family and provides for us we have always worked hard and we are ready to resolve any matter which is there.

    Thank you and I hope to hear from you guys soon.
    Tags: None

  • #2
    I am sorry to hear all this. It sounds tough.
    You apply for relief from forfeiture. You should get assistance from a solicitor. There may be a guide here, but I do not know it.

    Best of luck.

    Comment


    • #3
      Indeed. See a solicitor urgently about applying to the court for relief from forfeiture.

      From what you say, these agents also have some explaining to do.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment

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