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Can the council close my business down

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  • Can the council close my business down

    Hi all, thank u for the add.

    I rented a pitch on a local carpark from the harbour master for me to trade from my catering van. Where it is placed is opposite a recreation ground which has a café that is owned by the council and leased out. On the corner is a Texaco garage and behind is a home bargains store.. it was a co-op for many years before home bargains.
    I started trading in April this year and had no problems until i moved my van closer to the road. I made sure it was in the desired limits. In June I had a visit from the council saying I was to close to the rd and I had to move further back. I asked why, they stated I was to close to the rd and that they had taken the pavement into consideration also. I moved my van back over a meter. The lady who had the café at the park started complaining a LOT! Back in September the council the got in touch with the harbour master and said I was on agriculturel land and I needed planning permission. This land has been a carpark for over 20 years, it is gravel and stone, there used to be a mill there. This land is owned by the harbour master so how can the council get involved? Also i have till the end of the month to leave my pitch, I have no where else to go plus I have had nothing in writing to tell me to leave. When I have asked for paperwork I was told I have my lease and thatst all I need! I now have to go universal credit and I need paperwork to prove what has happened... Where do I stand? ☹️
    Tags: None

  • #2
    Can I check something. You personally have not heard anything direct from the council, apart from the informal visits from the council officers in June. However, you know the council has contacted the harbour master and told him that your use of the land is in breach of planning rules. Is the upshot of that that the harbour master is now terminating your lease? Is that what's happened?

    If it is what's happened, you should ask the harbour master for a letter confirming he is ending your lease, and you can show that to the universal credit people.

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    • #3
      Yes that's right, I have received nothing in writing from anybody. How can the council close me down? ItsI private property that imI on. Also the lady in the café has now handed back the lease so imI getting closed down for nothing. Can they do that? I have asked him for a letter confirming my lease has ended and he got quite nasty. When I asked why he said because I was being difficult.

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      • #4
        You have a written lease from the harbour master. That probably has a procedure in it for terminating the lease. What does that say?

        I'm afraid that you may have to badger the harbour master some more. I'm delighted to hear that he thinks you are being difficult, and I suggest that you be even more difficult by telling him you are not going to leave your pitch unless he terminates your lease formally in writing, as you need the letter to show UC, as he is making you unemployed. Shame on him, etc!

        Him turning nasty is just plain bullying, and he may well back down if you stand up to him.

        To avoid face to face nastiness, you could just drop a letter in. You just need to up the difficulty for him so it's easier to give you the letter you are perfectly reasonably asking for than to turn you down.

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        • #5
          The Council could have used a raft of procedures to shut you down but have not. This could have ranged from Health/Hygiene to the distance you are from the Crown of the road - yes there is a minimum distance but it is usually the Police who enforce it and only then if you get a stroppy copper.

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          • #6
            Regarding your pending/potential unemployment... have you investigated taking over the lease of the café opposite ? Might be warmer than the van

            Do you have a copy of your lease agreement ? Can you type out what it says regarding termination.

            Also have you spoken to the council since the Harbour guy told you to leave - find out if the Council have told him he has to ditch you ? or if he's doing it of his own volition ?
            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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            Comment


            • #7
              Ploddertom.. the council have no reason to close me down. My hygiene rating is 5. Amethyst.. I went for the lease for the café and received an email stating that the local council and county council had had a meeting regarding why the café had had soany owners. Apparently my van was the last straw! The café is now closed until they all have a meeting again in the spring... Termination. This agreement may be terminated by ***** harbour authority operations Ltd either:--y giving to the occupier not less than 1 months notice of termination; or immediately and without notice, upon breach by the occupier of the term of this agreement.

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              • #8
                2222... I emailed the harbour master and asked for paperwork, he called me and told me I had all I needed. They won't email, everything is spoken

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                • #9
                  Leases usually say how notices are to be served (given to you). What does yours say?

                  i think it's unlikely to say that shouting at you over the phone will do.

                  You do not have to leave until 1 month after you have received notice, which has been properly served in accordance with the lease.

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                  • #10
                    It doesn't say anything about how to give me notice. He told me word of mouth though back in September. I still need it in writing though for UC... I shall get on it now

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                    • #11
                      Would it be possible to upload pictures of the lease, with your name deleted, please?

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                      • #12
                        Yes not a problem..do u want me to post them to u or on the forum?

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                        • #13
                          Just attach the photos to a post on the forum - click the paperclip top right of the box where you type in.

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                          • #14
                            Agreement..

                            Comment


                            • #15
                              It won't allow me to upload... I'm on my phone .Sorry

                              Comment

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