landlord frightening me, please help

[1stlifeline]

I have been renting a small shop which I ran as a shoe shop.I got into difficulty about 6 months ago partly because the landlord let another shoe shop rent a shop 2 doors from mine and I couldnt compete price wise. I told him I was having trouble raising the rent and even though my lease has not run its course he told me to advertise for someone to take it over. I did this and someone takes over next month. However I owe nearlt 2 months rent and he has just told me that if I cannot pay it at once when I vacate the shop I will not be allowed to take the remaining stock or the fittings which I paid for. I have advertised my remaining stock on ebay and sold it as a job lot to recoup some money as I need it for my mortgage next month having no other income at the moment until I can get a job. I have told him I intend to pay the arrears as soon as I can get a job but he says that is not good enough and it is 'in my best interest' to pay him immeadiatly. What are mt rights please?

[gemspan]

Hi there

I am no expert on matters like this but it seems to be outwith the law. Check your lease and see what it says in there. Also, take some advice from local agencies like CAB etc., I would not imagine that he can keep your stock in payment of the rent. He would have to sue you for that. Best to get your stock out of there asap and get it sold so that he can't take it.

Best wishes
Gemspan

[Nightmare4banks]

1stlifeline,in reply to your post and in view:

1.DO NOT PAY this landlord.I say this because he has clearly been very unfair with you by renting out the shop 2 doors away to a shoe shop as well.Greed got the best of him here.

2.Personally,I would sue him also for causing the losses that made you have to pack in your shoe shop in the end.Do not be afraid to tell him this.You must be firm and assertive with him.
Make sure these losses are at least equal to the rent that you owe him.

3.I know for a fact that local authorities in general have a condition that no "2 exact trades" are allowed to be present and trading in a row of council owned shops.

4.To check out the exact legalities regarding your lease/situation contact the CAB or try to see a solicitor for an initial free consultation.


I hope you find this information useful.

If you have any questions,just ask.

[Esio Trot]

The OP will need to be really careful.

A commercial lease is not the same as a residential, and the law is very much more geared and biased in favour of the landlord against the tenant.

Thus most of the "unfair terms" consumers can fight against just don't apply to businesses.

There is a dedicated commercial forum on LandlordZone. A post there will hopefully give clearer legal advice.