Missold office space, noise disturbance, possibly no contract, court claim

[go_rators]

Hi all, first time posting and looking for advice and guidance. I cannot afford legal advice on this but have spoken to two sources of free legal advice.

Earlier this year I leased an office space which was promised, in writing and verbally, as "private and quiet". I provide talking therapy and made clear this was essential to my needs. I visited briefly twice with no concerns as the offices mainly appeared unoccupied. After very inconsistent communication and forcing me to choose a different office on the day of move in, I quickly became aware that I had knowingly been placed between several musicians and a dance studio.

I signed a contract for the initial office A and never received this back, I requested a new contract for office B that I was in but never received this. I realise I had made a verbal agreement and paid them for the space.

After one month I abandoned the office as I could not work (I have limited recorded evidence of noise problems), and sent a letter before action to reclaim the costs of deposit, one months rent, costs of furnishing, and loss of income while I could not work and needed to find another space (amounts to several thousand). The business rejected this entirely and counterclaimed the remaining month rent which I did not pay (this was not ideal but I could not stomach losing more money after having lost so much already).

During the second month of our agreement they demanded I empty the space (I had struggled to find a charity to carry away the large furniture in time) claiming they could not make money from it and I was still in contract for it - when I returend returned a week later to empty the office they had given out my private door code and the furniture had been used and dirtied with alcohol and red bull, like a party had happened there. They ignored two emails about this.

At this time my toddler was being diagnosed with a serious lifelong autoimmune disease and I must say I was at breaking point while trying to cope with all of this and empty the office space. To find it used like that, after threatning emails from them about suing me if it wasn't emptied, was so upsetting.

I believe this office was missold, they have since confirmed in writing that the space was built with no sound-proofing whatsoever, and had no intention of putting any in to make the space quiet and private as promised.

They counterclaimed citing the contract at length - but as far as I am concerned we do not have a contract. Their counterclaim letter has several innaccuracies, which look like deliberate dishonesty (claiming I never asked for a Office B contract but I had requested this in writing, claiming the signed contract Office A was returned to me when it was not).

I have refused face-to-face negotiation on the recommendation of legal advice that I should have everything in writing, also this is a huge organisation which obviously has legal support and I am a single sole-trader feeling very out of my depth. They claim they are a "local business" but they are in fact a huge organisation with many large and successful businesses across the city, I really feel we are not comparable in any way.

We have gone back and fore with negotiation and lots of intimidating emails from them with dense legal terminology, but also lots of my emails going ignored which I've pointed out has made resolution including mediation very difficult. I'm an eduacted person so I can understand the terms sort of but feel I am missing something key with not having legal support.

I wish to go to the small claims court to access mediation without incurring more costs, they have written about this in a way that suggests should we reach court the judge would be unhappy with my attempt to alternative dispute resolution - I simply want to have this sorted as quickly as possible.

I guess I am trying to understand where I stand with all of this, they are offering me very very little in negotiation but I really feel I have a good case here. I work with very unwell people and I am appalled that this organisation haven't even apologised for what has been an obvious disruption to their care - the opposite in fact, claiming it was none of their responsibility as per the contract (which I feel does not apply).

I know I am the only person who can say if this is worth the stress and I really feel I am committed to this right until the end. However, I have some concerns about what this business is claiming so would be at least grateful for help with the following:

 

1. Is the contract valid if I have signed and sent it, the business has signed it, but not returned it to me?

2. Is the contract valid for Office B if it says it's for Office A?

3. Is it legal or even just acceptable for them to use the office space during the final month of my agreement they claim I was in contract for? Is it legal for them to hand out my private door code when they claim the office is still mine?

4. Does this seem like a winnable case at small claims court?

5. Anything else that would be worth my considering?

 

Huge thanks in advance for anyone who made this far and any advice!

[Nicky Boy]

Hi go_rators and welcome to CAG,

Before others advise further, it would be very helpful if you could upload all the written communications you've had with them so far.

You say you sent a letter before action? Did you follow this up with an actual claim?

The story is a little muddled and sight of letters / emails may clear some of this up...

Also, name and shame... who are you in dispute with?

[go_rators]

Hi Nicky Boy, I had sent a letter before action, received a counterclaim, and then sent a second letter responding to that. E-mails back and fore since in negotiation, which concluded with them breaching a timeframe I had set to hear back or I would go to small claims - so I initiated the small courts claim.

I'm afraid I don't want to upload these as I'm just not sure of the boundaries of sharing this kind of information, they have not consented to sharing a private letter or emails. Also I absolutely do not want to name them, I don't want to give them any reason to think I am not participating in resolution in good faith?

Apologies the story is jumbled, it's a lot to manage along trying to regain some control on my business after this disruption.

[Nicky Boy]

1 hour ago, go_rators said:

I had sent a letter before action, received a counterclaim,

This does not make sense.

A letter before action sets out to the defendant what you require to prevent court action. If they don't / won't comply, you simply issue a claim.

All of the "negotiations" should have happened prior to your letter of claim.

As for uploading everything, I'm pretty sure that there's no detriment to this, including naming the company involved.

Others will, hopefully offer their comments on this.

[stu007]

Hi

Get a Subject Access Request (SAR) sent to them urgently requesting 'ALL DATA' that simple phrase cover exactly that all data no matter what format they hold it in whether it be writing, recorded calls, emails etc.

They then have 30 calendar day to comply only once they have acknowledged receipt of your subject access request.

So get that request into them as you want to see exactly what they hold data wise on you especially for your claim.