Landlord Problem

[t4lrj]

Hello,
I hope you can help me with this problem. In September last year, I decided to open my own barber shop and was looking round for a suitable place. I found one and it is above a sandwich shop. It is an open plan area with a small kitchen and toilet, and another room that the landlord was using as an office. He offered me the room at an extra cost which I wanted as I wanted to have a beauty room with sunbeds, this was always my plan but I said I would take it on at the end of the month, when I had set myself up first, and he agreed. Towards the end of that month I sent him a message saying I wanted the room. He replied that was fine, and he would add the extra money on the monthly rent. I told him I had someone interested in working in the room in October and he replied that he would need about 4-6 week to find a place so I said that was fine. At the end of November, I said the person wanted to move in but he then said he wanted ONE years rent up front for the room. I told him that was not possible as I did not have the money. He then said he did not want to move out of the office but would as he had said I could have it, (I would not have rented this place if I could not have the room as it was part of my plan). He has made no effort since then to move and it has come to a dead end, and I lost the person one wanted to work there! Now, part of the contract stated that the landlord must give the tennent 24hours notice before coming into the shop and that obviously does not happen. It as gone form the part time secretary who worked tues, wed & thurs 10-2 to the land lord been there everyday, his builders (as he owns a building company) up and down the stairs, and other people coming in for meetings daily. I am trying to run a professional business and this is so off putting, and in my opinion unacceptable. When I arrive on a morning, the front door is unlocked, which mean anyone could walk in and take my stuff, as my 'space' does not have a door as, like I said it is open plan. I seriously feel that he has breeched the contract, and I want to now leave, as I have found a lovely PRIVATE shop. The contract was for a year, but I want out now because I cannot work in this situation any more. Please could you advise me where I stand. Thank you

[bednobs]

http://www.theanswerbank.co.uk/Law/Civil/Question1192218.html

[t4lrj]

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[daffy654]

Why have you joined under a new name to ask the same question as before? You could easily have posted again under your other name with a link to the original question (as linked to by bednobs).

[t4lrj]

I'm sorry that this bothers you that I have opened another, but just for your information as to why, I cannot get into the other account for some reason, and if I could have done, I would have re-posted it again!!!

[buildersmate]

To me, the trouble seems to be that you have signed a 12 month rental agreement based on the unsatisfactory room that you have, and all the 'optional' bits that you'be been discussing with the landlord from time-to-time aren't linked to it. So from a legal point-of-view (and you posted in legal) there isn't much you can draw upon to get out of the situation.
Being wise after an event isn't helpful now, I appreciate, but if the 'stand-alone rental agreement wasn't what you wanted, it should have been conditional on the release of the second room within a timescale.

That's a legal angle, but have you exhausted all possibilities regarding discussing the 'look what this layout is doing to my business' angle?

Put a second lock on the room door that you do have to secure your business property / security.

[Eve]

How was the lease/rental agreement done? Did you take legal advice?

Are you certain there is no break clause in there anywhere?

[t4lrj]

My shop is upstairs and it is open so does not have a door, just the front door which he leaves unlocked. I have told his but no change. Its having a great negative impact on my business due to the amount of people he has coming to the other room, which does have a lockable door on. I will look through the contract also.