£10,000 coned from old man

[submissiveguy]

Hello everyone" please could someone help me out so i could help this vulnerable guy who i meet recently

 

He is a 62 year old man, who paid £10,000 for a second hand shop, he made the lease him self (that looks invalid to me, its only 2 a4 size paper sheets) his rent is £200.00 a week plus all the bills.

 

he painted and decorated the shop and a few days later the furniture was removed by the landlord, he could not understand why they had done this so he contacted the landlord straight away, land lord said that the furniture was not included its only the shop?

 

so the 62 year old, hit the roof and said i did not pay £10,000 for an empty shell, and has refused to pay any rent and wants his money back

 

yesterday he received a letter from landlords solicitor saying if he dose not pay £800,00 rent that is due within 7 days he will end up in court and would have to pay they legal cost too?

 

id love to help this man, he looks like an honest man who has been coned out of money

 

 

any help advice would be great, i am not expert in this filed at all so please help

[MrShed]

In all honesty, I suspect the landlord has a point. Was it ever EXPLICITLY agreed, either verbally or in writing, that the furniture would remain?

[submissiveguy]

Yes verbally it was agreed and their are witness's to this, from looking at this old man, he looks venerable,

it says in this so called lease "Fully Furniture Shop" but lease is invalid

[MrShed]

If it was agreed that the furniture would be left, and this is provable, then the furniture should be supplied. It would be up to a court to decide whether this is a severe enough breach of contract to warrant termination of the contract.

[submissiveguy]

so what shall i tell him to do? contact the court? or shall i tell him to contact landlords solicitor?

[Guest Alison82]

the LL can only claim up to £5k and no legal costs in a small claims court, so if he isn't 100% is he realy going to start a claim and risk losing

 

Just my observation

[submissiveguy]

if LL takes him to court then could he counterclaim? even if he dose he cant claim back his £10,000 could he?

[JonCris]

You don't explain but is this a shop selling furniture & was the removed furniture stock or are we talking about fittings

 

Can you tell us the leasing costs of nearby shops & how do they compare

 

Who was witness to the transaction

[MrShed]

The breach of contract is in the furniture that is missing. At best, he will be able to claim for the cost of replacing this. I doubt that a court would take this as valid grounds to rescind the contract as a whole.

[submissiveguy]

thank you, i will tell him that i have been told by you all, and any further info would be great thank you very much everyone,

[JonCris]

As it appears to be handwritten are there any terms in the lease which apply to none payment of rent

[submissiveguy]

As it appears to be handwritten are there any terms in the lease which apply to none payment of rent

 

when i had a look at this lease it was only a4 size plain paper hand-written, with many spelling mistakes their are only 2 pages with no terms at all

[JonCris]

Great! can you transcribe it onto here (removing private details)????

[submissiveguy]

Great! can you transcribe it onto here (removing private details)????

 

when i see him, i will try to get a photo copy of the lease and put it up so you have a better view on it, i will try to get it asap from him