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Good morning Caggers,

 

 

I am wondering if someone can help me out with a bit of an issue to do with lease of a retail kiosk.

 

 

Back in February of this year I rented a retail kiosk from my local council which was in a High Street but was classed as within the local market.

 

 

I was selling cut flowers and plants. This was a completely new venture and basically took all spare money I had to set up and it looked really good.

 

 

The problem started about a month after I opened when the market manager (council run market) allowed a huge plant and flower stall to pitch up a few yards from the kiosk. When I say huge it was the size of 8/10 normal size market pitches. Apparently, this stall was a nursery and therefore grew a lot of the plants and was able to sell them cheaper than me. Now the market was on 3 days a week and to be fair he was only there on a Saturday but it was a waste of time me opening on a Saturday because people walked straight past and made a beeline for him. To add insult to injury, the market manager in his infinite wisdom, allowed 2 other stalls onto the market selling plants and flowers and they were there every day.

 

 

The problem was I just didnt take any money. I think I had a couple of weeks at first which were ok but as soon as these stalls were allowed on I didnt even take the rent!.

 

 

I complained to the Council and the local councillor but it all fell in deaf ears and eventually I had no choice but to return the keys in April, I was there about 10 weeks in total.

 

 

The original lease I signed was a year with a six month get out clause and the council were chasing me for the full six months.

 

 

| sent them a letter when I gave the keys back explaining why and how I felt they had let me down by letting all these other stalls on and basically killing any hope I had to build a business. Unfortunately I had no money so consequently got into arrears with the rent because I had no customers and no savings because I had spent it all setting up the kiosk.

 

 

Eventually after a few backward and forward letters they agreed to accept me terminating the lease when I returned the keys and said they would cancel any invoices after that date but I would still owe the rent upto that date, which was fair enough.

 

 

I told them I would have to pay it off with a small amount weekly as I was out of work.

 

 

I have now received another legal document which I believe is a Deed of Surrender for which the councils legal team have produced and are charging me £200 for the privilege.

 

 

They know my current situation, another £200 really? I dont understand it, I dont know what they will do if I dont sign it. any input on this situation would be really appreciated.

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Yes you need a deed of surrender.

It relinquishes your rights under the original lease to a certain piece of property.

Basically a contract terminating a contract early.

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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy


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