Lease, business rates please help.

[Chirpy Girl]

I have a couple of questions:
1)
I moved into an office originally on a months licence 18 months ago (with the month of licence being free of rent) and awaited the formal heads of terms and a lease which has never been sent to me. The landlord also said they would arrange for telephones and internet to be put into the building during the month on licence as we were not allowed to do it ourselves as there are issues with access for cabling that I have no control over. I have written to the landlord many times as I can not function without telephones and internet but they keep ignoring my letters. As I have never had a formal lease and incidentally the landlord has never charged me to be in the building despite me sending messages to arrange a formal lease to secure my position in the building and payment of rent. (I have put the money aside though as I dont want to get into trouble when they do come back for payment, but being totally honest I have not pushed as hard as I should as at times finances have been tough the last year, but I have managed to save most of it) Where do I stand legally ie with being maybe a sitting tenant?? With the building not being fit for purpose without telephones and internet?

2)
I have had a bailiff come to the premises due to unpaid Business Rates. If I have no formal lease do I have to legally pay this? Obviously I will if I have to legally as again I dont want to get into trouble or go to prison. Can the bailiff take my computers and desks etc? The actual Business Rates letter has the wrong address and the name of company is spelled wrong too, is this a clause that can be used.

I am seriously considering moving out as I can not run my business properly. I currently have to go to a local coffee shop to send emails, and general internet business things that it is now seriously hindering my productivity and damaging my business. I would rather stay in the premises if I can as moving would be a huge upheaval but I may have no choice.

Please could someone help with my situation, Many thanks in advance.

[Chirpy Girl]

Re: Lease, business rates please help.

I would like to point out I am not trying to get away with paying, although that wuld help financially at this point. However I do believe my landlord to be a bit incompetent in dealing with this matter.

[MissFM]

Re: Lease, business rates please help.

Hi Chirpy Girl! There are people here who can help you with this - someone will be along soon I'm sure.

[MissFM]

Re: Lease, business rates please help.

:bump:

[MissFM]

Re: Lease, business rates please help.

Sorry Chirpy Girl - I think the experts on this may be off-line at the moment but hang on in there!

[PlanB]

Re: Lease, business rates please help.

I'm not an expert on business leases but I'll appraoch this with logic and then I'll PM someone on this site who understands contract law to see if they can help

In my view it's not the Council's fault that your Landlord hasn't installed your telephone lines. As far as they are concerned you're occupying the premises and business rates are due. That doesn't mean you're being charged the right amount and this needs to be checked. If it's got as far as bailiffs then it can only get more expensive. There's a another thread running which gives useful information on how to handle a similar bailiff and business rates problem here:

http://www.legalbeagles.info/forums/...it-help-please

As far as the lease goes a lot will depend on what the original licence/contract said. Did it specify what would happen at the end of the one month? Could there have been details of the rent due from then on? And did the 'contract' specifically say that the Landlord was responsible for providing the telephone infrastructure? It's odd that your Landlord hasn't invoiced you for any rent for 17 months but unless the contract says he must then the absence of an invoice may not be relevant.

Here's a radical thought: are you sure your Landlord actually owns the building he's leased to you or has the legal right to sub-let it to you? If he doesn't then that may be one reason for not getting his act together with the paperwork and phone lines.