Commercial Property Deposit - landlord doesn't want to give it back

[jodenice]

My partner and I rented out a property about 2.5 years ago. It looked OK but on closer inspection it was riddled with damp, when you took the wall paper off there were big holes and chunks out of the plaster etc. We spent a fortune doing it up to a better standard - it was a labour of love for my our new business, so it was worth it. Its a tattoo business.

 

We found out 3.5 weeks ago that the property is up for sale, along with the flats on top of and beside it and the carpark (1.5 acres altogether) and whilst the advert talks about the tenants and the rental they bring in £19K altogether, it also says that the leases are available to view and that the land is 'ideal for development'. Its up for £375,000 so if someone were to take this on they would have to wait the best part of 20 years for their money back. the advert is quite clearly selling all the land for someone to build flats.

 

Thing is, the landlord and letting agent didn't even let us know it was up for sale! We only found out because a) business went from booming to dead, in about a week - in our busiest season. And then because someone came in clutching a rightmove printout with the shop on it and saying that everybody thought I had closed up - all the photos are inside of the shop, along with all our equipment. it looks like we have shut down and they are selling! Add to this a man came into the shop and was talking on his phone about planning permission and wanting to look in every nook and cranny when a customer was there.

 

The agents say we should have realised as they sent someone in to take photos. But the photographer said that they were not selling it and that it was for valuation. Now the agents are saying they sent a letter, not received and very probably not sent. She also says we should have refused the photographer access to take photos inside, but why would we if the landlord was getting a valuation?

 

Anyway, cut to the point - we've left. We've only given 2 weeks notice til the next due date for rent and this is less than the month required. It makes no difference though as because everyone thinks we are closed, they have gone elsewhere, I have lost regular customers and bookings and am not earning any money. They have effectively destroyed my business. I've lost most of what I earned. Its going to take a long time to build back up and I can't do it here.

 

The agent and landlord say we are not due any money back. I just want my deposit back, (we are only talking 500 quid) but he is not having it, I can't start again without the months deposit I put down. We spent all that time and money on it and they have just gone behind my back. At least with a bit of notice I could have put advance warnings out on our webpage / FB.

 

Is there anything I can do?

[raydetinu]

It all comes down to your contract; notice and terms etc.

You must give LL the required notice or rent instead.

Then you should get your deposit back less any claim for damage etc. ( again depends on the lease/contract, if you have to reinstate any alterations you did ).

If no deposit back then you may have to take LL to court.

suggest you get solicitor to check contract first.