Hi everyone... I am new on here and have an urgent urgent legal query. I would be grateful for your response. I do not work in this legal area and therefore, am unable to help.
My cousin is the owner of a business. He has a Contract with the landlord for 5 years,signed and dated from December 2006. Contact exists between the parties. Cousin decided to sell the shop and as such, had not paid the rent for the last 2-3 months. Advised the landlord that as soon as the shop was sold, he would be paying him. ( Tried to contact the landlord yesterday to bring the rent payments upto date but was not able to)
Landlord was informed of this 2 weeks ago and agreed that he was content for the shop to be sold to the buyer. Wanted to meet the person. Cousin sells the business to another person- keys provided to shop after deposit given but awaiting payment and arranging for contract to be transferred.
In the meantime, landlord allows another 3rd party (who also was a potential buyer for the shop but offered less and therefore cousin did not sell him) to pay him one months rent but does not give him a contract. This 3rd party breaks one of the front locks to get into the shop and begins his work. He damages the fridges, ( cost around 7k total and dismantles the shelving units (costing 2k) and places a huge amount of stock inside the shop. My cousin had just bought a new counter, which has been dismantled into three parts. Till disappeared.
My cousin was horrifed to find this out today and approached the Landlord who basically said he had been advised by his solicitor that it would be ok for him to give the shop to someone else but he had not as of yet given him a contract. My cousin queried as to why he had been given one months notice of termination and the landlord said that he was not required to. My cousin paid him the rent and the landlord took the payment. Said that he would speak to the 3rd party on Monday.
Cousin approached the shop where he was horrified to see it in such a state. Asked the 3rd party to leave who suddenly closed the shop doors and the shutters and said that it was now his shop. Cousin showed him the draft contract and said that he had trespassed and interfered with his goods. 3rd party took off in a rush.
Cousin approached me today for advice. Asking whether an action can be pursued as he fears that his goods are completely damaged and his agreement with the buyer will not go ahead.
Can anyone what options he has and what action he should now take?
Any standard letters that can be forwarded to me?
Many thanks