Holding me to lease they shouldn't of

[Mattieb]

I accepted an estate agents offer to move in to a new shop while the lease went through as i needed to get new business going, i took the keys and paid a months rent in advance on 15th april 2011.

 

They advised me a standing order would be setup for the 1st of the month with first payment being due on 1st june (this date is in contract), that date came and the rent was paid. A few days later i got a demand letter saying i had not paid rent and i was due 8th of the month not 1st. i explained the money had left my account like they setup so it had been paid and they can not change payment date to 8th as my contract stated the 1st.

 

Anyway more problems arose like broken toilet, and tenant downstairs refused to let me lock the shutters when i left as my shutter blocked one of her windows by about 2ft, i was told by the estate agent he would sort this and landlord had given me permission to lock shutter but tenant downstairs would accept this, Also i was finding it hard to get phone line, electricity supply etc as previous tenant had left bills unpaid, i spoke to agent who said he would this.

 

Around the middle of may the lease came back which i said i would not sign until everything was sorted i.e shutter, toilet, rent problem etc. The agent agreed to this but then for next few days he kept calling me saying i need to sign and at one point turned up at my shop, i turned him away and said come back the next day he came back and said it and i'll hold it until everything is sorted, so stupidly i signed the lease only to find out on about june 6th when i'd had enough of them fobbing me off with issues and said i'm leaving they said you can't you have a lease, i was furious i explained them what happend but they said the agent was denying what we agreed,i had meeting with agents boss who stuck up for the agent and said he is not lying i must be, i have an email i sent to one of the agent's colleagues stating in the email that the lease is not to be submitted until i am happy that issues are resolved and nothing was said about it so i took that as they agreed, by now they are saying they won't take email as evidence that i told them not to submit lease.

I also explained i have received a copy of any lease signed by the landlord and still to this date i have not received one dispite them on several occasion saying they will send it.

 

Anyway my point is i should not be held in lease and they are now starting to send me demand letters for rent since i left and saying i am liable for any rent until lease ends (which was a 12 month lease).

Today i have also received a demand for insurance payment yet i was told by agent i do not have pay any insurance as landlord covers that.

 

Can anyone advise me on what to do, i can't afford to pay rent nor seek legal advice. i'm so furious it's come to this because of agent lying to me.

[rebel11]

Hi matt

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

[Mattieb]

Thank you, Hopefully someone can help me i'm getting nowhere with agent he is just denying it still, i'm just worried now its going to go to court there is no way i could afford that

[perplexity]

You could quote them this from the Misrepresentation Act 1967:

 

Removal of certain bars to rescission for innocent misrepresentation.

 

Where a person has entered into a contract after a misrepresentation has been made to him, and—

 

(a) the misrepresentation has become a term of the contract; or, ,

 

(b) the contract has been performed;, ,

 

or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he shall be so entitled, subject to the provisions of this Act, notwithstanding the matters mentioned in paragraphs (a) and (b) of this section.

[Snorkerz]

As you are waiting for a more knowledgeable reply, I will throw my 2c in...

 

A lease obviously does exist because you have taken control of the property, and paid rent on it. This lease is an oral lease, which means both you and your landlord will have difficulty proving what was agreed in court.

 

I can not see a court awarding the full value of the lease - because the landlord will not have proof that a 12 month lease was agreed - but there may be something doe to the landlord if you did not give 'correct' notice or whatever. I don't deal with commercial leases, so I don't know if there is a defacto notice period on such things.

 

Is the property still vacant, or has another tenant been found?

 

If the total amount in question is less than £5k I would make a reasonable offer (in writing) and if they refuse, be inclined to let them sue, so a court can make the decision. If you do owe anything, you won't get a CCJ if you pay it within 14 days and get a certificate of satisfaction.

[Mattieb]

Thanks Snorkerz

The problem i have is the fact i signed the lease after agent kept harassing me to do so, turning up at my shop phoning etc. He agreed with me that he would submit the lease until the problems where sorted and i was happy to go ahead but he stabbed me in the back and submitted the lease so now they are saying i have a lease.

 

I thought because i have not received a copy back signed by the landlord (despite them promising to send me one on several ocassions) that the lease cannot be valid.

They are not willing to except any deal other than me moving back in (property is empty at minute and they have put to let sign up) but this is out the question as if i do they want all the rent they say i owe paid.

 

The annual rent was £4750 and i've paid first and second months rent for the time i was there totalling £791.66

[Aequitas]

I am afraid that it often ends in tears when a tenant goes into occupation before the lease is agreed and signed. It can sometimes be difficult to work out what was agreed and in some cases if there was a tenancy at all. If the agency is offering the premises on the open market that goes a long way to suggesting that they have taken back control of the premises and put an end to any arrangement that may have existed.

[Mattieb]

There was no mention of any agrement in terms of getting the keys ha said i could have them so that i could move my stuff in.

 

With regards to them taking back control as property is back on the market, they are still sending me letters saying i owe rent since i left and for the remaining term of the lease or they will instruct solicitor to take action

[perplexity]

.... or they will instruct solicitor to take action

 

If you are sure of your ground, your innocence etcetera, you should take them up on the offer.

 

Call the bluff.

[Aequitas]

I should ignore the letters until either you get a solicitor's letter or the property is relet. When that happens come back.

[Mattieb]

Ok, thank you all for your help i'll keep you's posted.

[perplexity]

No judgement is won by ignoring the claim.

 

The eventual result of that is a judgement by default.

[Mattieb]

Sorry it's been a while for update but i thought everything was sorted as the esate agent had stopped harrassing me for rent, i still get the odd letter requesting the rent for the month they send letter E.G i got letter in march asking for Marchs rent yet i didn't get one for febuary.

 

Anyway today i have received a letter from the councils business rates stating i owe business rate for 2012 and they want them within 7 days or they are going to magistrate court for liability order.

 

I called them and told them i left the premises in May 2011, they have stated they will look in to this as they still have me down as being in the property dispite me informing them when i left in May 2011. They have said if there is a lease in place i am still liable for the rates and as you know the esate agent had told me the lease was in place when i left dispite the agent dealing me stating he would not submit the lease until all the problems were sorted with the tenant downstairs and the shutters fix etc.

 

I have had a meeting with the owner of the estate agent who said i am lying, his worker never said he wouldn't submit it (but he would say that).