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Mathie

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  1. Surely the court would question why for 5 years there has never been dispute or problem, only now that she want to sell her salon? She mostly paid rent and staff from cash takings, then banked remainder if any. Card transactions went into business acc. I am trying to find the more information about the Scottish law concerning rights of commercial tenants, having hard time...any ideas?
  2. Probably tax evasion and I know his ex partner has a pending case against him trying to recover money she lend him to complete the building of his house.
  3. Rent is due tomorrow again, I will not give him cash...been around the block and is not as trusting as my daughter. He and prospective buyer are trying rob my daughter off her business. According to internet, Scottish evictions laws can only be applied if tenant is in arrears for 3 months. Does this apply to commercial as well? She does not have the money to go to court herself, so I am thinking...and I did not at all run this by her ...if she stop paying rent now, and he try to evict her, surely he still have to abide to the eviction law and can only have her evicted through courts? That way she can state her case to the judge and let him make a ruling on it? Knowing he is trying to cheat her now, and knowing he is trying to evict her in favour of a buyer...who my daughter found and negotiated with...surely that should show his intent and dishonesty? Should she just continue trading as usual and then fight using wrongful eviction?
  4. She trusted this man, has had the business for more than 5 years, Salon is mostly cash payment for treatments, so every week she would just pay him rent in cash...on his insistence for he does not want the money to go through his bank account. I called him a couple of days ago, after he suddenly claim I did not pay him for 3 weeks, and asked him for bank account no. He refused and said he wants cash. When I replied then I want a proper written receipt, he stated the envelope with the weekly date on is a receipt...might I add, this envelope with the weekend date on is handed to HIM with the money in...so how does that qualify as a receipt to US?
  5. thank you for your reply. Just to clarify, my daughter want to sell the salon, and the landlord is using...for lack of better word-blackmail with lies about her not being up to date with rent. She has paid him rent for over 5 years and only now that she want to sell salon, does he suddenly say she is in arrears. HE always insisted on cash payment and kept saying he is old school and does business with handshake. Her first ever business and she was too eager, trusting and excited to use her head at the time and get written agreements. He still refused to give me bank details a couple of days ago when I phoned him and asked for bank account number to pay rent in.
  6. Hi all, my first post so pls bear with me. My daughter is the owner of a salon and for more than 5 years she has rented the premises on a VERBAL (stupid I know) agreement. She worked for the Landlord for couple of years prior to this, and they always had a great working relationship, until now. She wants to sell the salon, had a buyer lined up, agreed on price...all that needed doing was landlord needed to sign a lease agreement with new tenant. Since she is currently abroad, she appointed me as her manager to handle her affairs in her absense so I set up meeting with buyer and LL. At first he agreed and was very happy to have a prospective long term tenant, but after this meeting everything went pearshaped and greed got the better of him. For past 5 years, my daughter paid him in cash at his insistence, for he does not want the rent to show in his bank account, like clockwork...never any disputes or trouble. For past 5 months in her absense, I have been paying him on her behalf same way...cash! All was well untill we raised the issue of selling business...so in effect she is basically selling her client base and goodwill. She has real good name and good business. Now he has turned around and said I shortpaid him for 3 weeks...lies...and that my daughter owes him £1000 for loan he made to her and refuse to sign lease agreement with new tenant. To add to this mess...turns out he has been subletting to her in any case and is not the actual owner of the premises, but he insist he has the right to sublet. He and this prospective buyer is now bonding together and threatening my daughter, saying she has no contract and no proof that buss belong to her, as well as being behind on rent. I called him and he basically called me a thief saying I never paid him and we are 3 weeks in arrears. I told him there and then, that unless he give me a written receipt or a bank account number, I will not pay him a penny in cash, for I have no proof and he is now being dishonest.We are 3 people keeping book of payments, and we all agree our rent is up to date. He is lying and trying to cheat her out of her business. The buyer actually send her a message saying she is moving into the salon on Aug 3rd and there is absolutely nothing my daughter can do about it. So she is losing the purchase amount too due to his dishonesty. The £1000 was a personal agreement that had nothing to do with business...he gave her a £1000 and in turn used her car and her instalments would go off against the £1000. He now says he never used the car for tax expired ( he had car for 5 months and never made an effort to get new disc or ask her to) so she can not subtract the instalments from that amount and owe him full amount. I am pulling my hair out for I do not know what to do. They say they are taking shop over in Aug. I do not know what to do, our rights regarding verbal lease agreement, how to get her car back from this man. The only paperwork she has in her name is her business bank account, council tax and water/electr bills, bank credit card machine, and she has an employee who has worked for her for more than 2 years. She can not afford to pay a solicitor for is going through a really rough time and really needed this sale to go through, but he has now probably ruined any possibility of sale going ahead. Car is on HP on her name too. This is all happening in SCOTLAND...prob different from England. I read a lot of posts and it seem that there are a lot of people with great knowledge regarding Landlord/tenant matters on this site. I do hope someone can help with some advise. Thanks:-(
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