Shop rent arrears and termination of contract

[esty2004]

Hi,

 

l need help regarding commercial rent arrears issue. l rented 3 different units in a shopping centre, l fell into rent arrears on each of the unit, when pressure was too much from the landlord l decided to sale off each of the business to enable me use that money to clear the arrears on each of the unit since the shops are all different business. l inform the landlord of my intention to enable me clear the arrears and he agreed. l sold the first business and cleared the arrears in a lump sum on that business with hope to sale the next shop, but when l demanded that the deposit on that one be transfered be to the new owner to enable me sale the next shop, landlord refuse to transfer the deposit on the grounds that he is ceasing the deposit on that shop even when the arrears has been cleared. when l disagreed with him, he terminated my contract on all of the shops including the one l sold just to frustrate me with the new owner. Each unit has different agreements and different rent. l rented all the shops on different dates. is landlord right in seizing my deposit because there is rent arrears on the other units? even though the written agreements clearly states that if you are not owing on each unit you are entitle to get your deposit back or in case of transfer, the shop can be transfered if you are not owing ? l have been given 7 days to leave and fortfeit my shops with all the goods and the new owner is holding me responsible for his money which landlord was glad to receive when l sold the business. pls help!!!

Edited October 3, 2010 by esty2004

[cerberusalert]

Moved to Commercial & Residential Lettings Forum.

[MrShed]

I assume instead of "ceasing" you mean "seizing"?

[esty2004]

thanks for correction.

[MrShed]

Can you post the exact wording of the terms regarding arrears, deposit, and eviction/termination.

[esty2004]

l have scan it but dont know how to send it to you. this is my first time on consumer forum

[cerberusalert]

Upload the scan to a hosting site such as tinypic http://tinypic.com/ & then copy and paste the url back here.

[esty2004]

l have tried summarising a part of the traders duties in the agreement:

 

 

the trader agrees with the company: to pay rent at the time and in manner aforesaid without any deduction what sover and on the termination of the agreement to pay the cost of repairing and repainting the shop.

- to observe and conform with the regulation scheduled to the agreement

-to deposit with the company upon signing this agreement the sum of £600 which sum or the balance thereof is to be returned to the trader upon receiving written notice from the company of a breach of all or any of the conditions or undertakings by the trader hereinafter contained, the trader fails promptly to remedy all or any of the said breach or breaches in compliance with such notice the said sum shall be forfeit to the company and shall be the measure of the company's damages arising from the trader's non compliance with such notice.

-To keep the unit open from 9- 6pm

-to confine all goods and display within the kerb and not to hang goods or display on roof etc. etc

[esty2004]

l am not allowed to post any link or images unless my post count up to 20 or more.

[cerberusalert]

I've sent you a private message

[MrShed]

-to deposit with the company upon signing this agreement the sum of £600 which sum or the balance thereof is to be returned to the trader upon receiving written notice from the company of a breach of all or any of the conditions or undertakings by the trader hereinafter contained, the trader fails promptly to remedy all or any of the said breach or breaches in compliance with such notice the said sum shall be forfeit to the company and shall be the measure of the company's damages arising from the trader's non compliance with such notice.

 

Interesting...

[esty2004]

l suggest that means all of the [10 breaches] they mention in the agreement which l have not breach any

[MrShed]

Rent arrears is a breach though is it not?

[esty2004]

l am not owing anything on this unit, l rented 3 different units with 3 different agreements. all this units are different businesses with different rents. l am not in any breach of rent on the very one am arguing on. l am in arrears in 2 other units and l did not relent effort in setting up direct debit of £50 every week to help to gradually help in clearing off the rent but the landlord refuse. He said l should pay £200 a week, l told him l cannot afford that amount and he terminated all of the unit including the very unit that am not owing, is this fair?

[MrShed]

You state above that you were in arrears on all the units at some point?

[esty2004]

initially l was in arrears in all of the units so l had a meeting with the LL who said l should downsize to at least one unit to enable me carry on and l agreed. l told him my daughter was ill with a lump in the breast and needed operation abroad and l had to pay for the treatment and this affected my rent. l told him l was selling off the businesses one by one, that l would expect him to transfer my license to the new owner which he agreed, so far l was not owing on the very one l succeed to sell. to my surprise l sold the first business and paid him off the arrears on that one hoping to proceed to the next and he suddenly change refusing to transfer license and seize the deposit on that unit. when l reminded of what each of the agreement says he terminated all of the contracts including the very unit that l sold to pay him off the arrears leaving me stranded with the person that paid me.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.