Court threat ex landlord (commercial)

[forumdot]

Hi again, he has drafted an email to the landlord asking if they can come to some sort of resolution regarding this. He asked if I could post it on here and if you could give it the once over before its sent, Would that be ok to do?

[forumdot]

UPDATE......Im not sure if I continue here or make a new post so I will try here first as all the info is here.

Contact has been made with the landlord and after a very lengthy email from my friend explaining in detail everything that's happened, his reply was just what are you proposing?
There are only a couple of things my friend is liable for on the dilapidation notice, which is the decorating (which they didn't give him time to do before he vacated the building) and a couple of curtain poles which he left up. Most of the other stuff he has photographic evidence to back up. If he goes back with an offer of money for these is he admitting responsibility, is there anyway they can manipulate this as an admission? He is so frightened to do anything in case it implicates him.
The second thing is the backdated rent,(took over a year for them to contact him after purchase and they wanted a lot more rent than he had been paying backdated). My friend communicated within the 8 week period but had no reply from the landlord, again it's been over a year. This was meant to have been put forward to court but he hasn't heard anything regarding this for over a year either from the landlord or the courts. Is it usual to take this long, can it now be void after this period of time? Is there anyway my friend can check if there is a claim on the system?
This is so unfair that a landlord who has never set foot in the building or had surveys done can try to gain money at another persons expense. My friend is heading for a breakdown and now has an urgent appt with the mental health team, I have never seen him so broken!! Any advice would be appreciated so we can try and go forward with this.

[atticus]

It might be a good idea for your friend to set out his position and say what he is prepared to offer and why.

By backdated rent, do you mean a rent review? In commercial leases, rent increases can often be agreed/determined some time after the review date and backdated. Read the lease!

[islandgirl]

Good advice. Only offer anything which the lease says he is responsible for. If he could have decorated himself but could not due to being "thrown out" offer materials cost. Offer a few pounds for removal and disposal of curtain rails. That is your proposition. As for backdated rent if he did not ask for it for over a year it seems wrong that he can charge it...I agree about setting out a position and why you are taking that stance.

[forumdot]

Thank you both for your replies.and advice, it will be passed on. Atticus, he was going to leave the premises when his lease was up but the previous landlord asked if he would stay there at a greatly reduced rent until further notice. (In hindsight it was probably so he could sell it with a sitting Tennant) He then went on to sell the property at auction and it was around a year later the new landlord got in contact asking for the backdated rent at an increased rate. Islandgirl at the time he left the dispute was purely over the rent then everything went quiet until around a year later when they got the surveyors in and the dilapidation notice popped through the letterbox.
Is there any way he can find out if the rent arrears is with the court? Should it take this long to process? Thanks again for helping

[atticus]

If court proceedings have been commenced, the paperwork will be served on the (former) tenant.

[forumdot]

Thank Atticus, is it likely to be still in the system after a year as he hasn't heard anything from the courts

[atticus]

No, but that does not mean that court action will not be started.

[forumdot]

Sorry Im back again, things been on hold as he had a mental breakdown but managed to go round last night and we have concocted an email to send. I dont know if its possible to send it to someone here in a message to read and then they can post on here if its ok? It will just be a single message only he is paranoid that he will somehow implicate himself by making an offer. Thank you

[atticus]

To make an offer without "implicating" yourself, make sure that the offer is headed "WITHOUT PREJUDICE".

[forumdot]

Thanks again Atticus