Can they do this?

jefferylea

I began a start up business in feb, and took a 12 month lease of an office space.

The business didnt get off to a great start, and with the rent coming out of my pocket I messaged the landlady.

I told her the position I was in, and if we could come to some agreement.
No reply for days then an abrupt message back, reminding me I was 2 weeks late for rent.

Following day I went up to the office, as I had a photoshoot to earn the outstanding 2 weeks rent.

I came to find the door between the stairs and my office locked, and I could not get to my office door. No note/sign/ just shock.

I asked if it was a mistake got no reply, ignored my calls. I explained that over 3k of equipment is in there, most not belonging to me and my passport etc.

Days later she replys that I need to sort out the TWO MONTHS RENT! asap. I explained how I pay in advance and she has my deposit to cover the rent (£280) outstanding if desperate. She wouldnt take notice, and told me to get the police as its not theft.

I got a formal letter from her saying she wants 2 months rent in 10 days or she will get the stuff in the office sold off. Saying that forfeiture of the lease does not cancel any outstanding obligations to her. She said that if I just pay the 2 months she will not tie me into the rest of the 12 months, or se is going to court and I have to pay her fee's.

Went down today, and because I said she has to give notice she has put a note up but put the date the day before I went initially.

I dont know what to do, my heart says just pay the false sum and get the stuff back, but my head says this isnt fair.

Help ive got no money for a lawyer as I cant earn with no equipment?

whitewing

Did you take out public liability insurance? You may have access to a legal helpline through that.

jefferylea

no im afraid not, kinda went into it blind as the help available I was not eligible for (advice/grants etc).

As far as im aware she is trying to do something called distress. But the fact that the rent arrears amount isnt agreed, and she never put up a notice (she backtracked later by putting one up with an earlier date) means distress cannot be enforced.

Police said its civil and she is not saying she will never give the stuff back. But I am a month owing and my deposit covers that so she has no reason to do this, she is just terrified cause everyone leaving the offices so trying to scam me.

[Deleted User]

I don't think she can legally do what she is doing, yet again you can't afford the lawyer and she has the keys.

So she is trying to say she put up notices, how are you going to prove otherwise, it's again going to be your word against hers and the stronger side will win!

As you have mentioned she states she will go to court, clearly that is the correct route and she is considering that. If she were to go to court you would obviously be found not to have paid what you owe.

I suppose you have to determine whats most important. I don't think you can fight her because you can't afford to pay the legal costs, don't want to risk going to court and also need your equipment back! If she were to sell off the equipment right now, I'd suggest getting your money back even with legal help will take some time and won't be done and dusted by August.

Clearly you must remember that if it were you, you would probably do the same, even if it were bluffing or bending the rules!

I'd also consider posting this in the "small business" forum, lots of people there will know what to do.

jefferylea

I have no problem at all paying the outstanding months rent. I keep telling her to take the deposit, but she wont. She just basically telling me pay more or she is selling my equipment.

Would legal aid cover this?

Bravehearted_2

Thats not what your deposit is for and she is right to refuse to take the deposit as rent.

I'd definetely say she is more on the right than you are - plus she has said she will give the stuff back, once you pay what you owe.

What happens if she uses the deposit - and then next month's rent is owing - what else will she then take?

Deposits are to secure against damage, loss etc - not for covering rent.

dancingfairy

I would try BusinessDebtline first off to see if they can help you.
Also do you have a local businesslink/small business officer in your local area who could help you at all?
ANother avenue would be to try the small business board on here.
I'm sure you'll find some help somewhere.
Best of Luck
df

heyboots

I take it you are a photographer? (as am I) are you a member of the MPA/ SWPP/BIPP etc? they have access to legal helplines.

Ive loast count of the number of photography businesses Ive seen started up and fold within the last few years. You know you havent approached this in the correct manner so I wont berate you.

I am puzzled you managed to be able to function with only £3k worth of eqp though? I presume this was just some of it, what about your back up kit? cant you carry on with that at the moment?

What about leasing eqp till you get yours back? Calumet etc do great leasing agreements, this will enable you to keep earning, unless you are charging such low prices that this wont cover leasing, in which case you were on shaky ground anyway (sorry!)

Maybe she needs the money to pay her bills and is getting charges etc, you can see how she would be impatient.

When I leased my new studio, I put aside a years rent in advance in case of slow periods etc. not much help now but may be an idea for the future.

Feel free to pm me if you think i can help! If I was REALLY struggling for quick cash what about calling old clients and offering to sell them the disc of images at a price they cant refuse? £100 each or something? if you get 2 or 3 takers that could get rid of this problem?

jefferylea

Bravehearted wrote: »

Thats not what your deposit is for and she is right to refuse to take the deposit as rent.

I'd definetely say she is more on the right than you are - plus she has said she will give the stuff back, once you pay what you owe.

What happens if she uses the deposit - and then next month's rent is owing - what else will she then take?

Deposits are to secure against damage, loss etc - not for covering rent.

I think we may have a misunderstanding.

She has not said she will give me my belongings back.
The next months rent is not applicable, as she has forfeited the lease by locking me out.
Its not that I dont want to pay what I owe the problem is she is lying about the amount trying to hold me ransom.

If it was me and I had bills etc I would think this is the end of the lease, bills need paying just use the deposit as she has nothing else. The way she has entered forfeiting the contract is meant to be a very last resort. All I wanted was to discuss my position and she locked me out, and added false figures onto what I owe.

jefferylea

heyboots wrote: »

I take it you are a photographer? (as am I) are you a member of the MPA/ SWPP/BIPP etc? they have access to legal helplines.

Ive loast count of the number of photography businesses Ive seen started up and fold within the last few years. You know you havent approached this in the correct manner so I wont berate you.

I am puzzled you managed to be able to function with only £3k worth of eqp though? I presume this was just some of it, what about your back up kit? cant you carry on with that at the moment?

What about leasing eqp till you get yours back? Calumet etc do great leasing agreements, this will enable you to keep earning, unless you are charging such low prices that this wont cover leasing, in which case you were on shaky ground anyway (sorry!)

Maybe she needs the money to pay her bills and is getting charges etc, you can see how she would be impatient.

When I leased my new studio, I put aside a years rent in advance in case of slow periods etc. not much help now but may be an idea for the future.

Feel free to pm me if you think i can help! If I was REALLY struggling for quick cash what about calling old clients and offering to sell them the disc of images at a price they cant refuse? £100 each or something? if you get 2 or 3 takers that could get rid of this problem?

Hi heyboots, no I am a graphic artist and the shoot was part of a future marketing campaign.

Everything I need is basically on the imac, and I have got my slr and lenses etc. I had to start basic, as I graduated into no opertunities. I already had freelance clients, so thought it was the right route.

heyboots

jefferylea wrote: »

Hi heyboots, no I am a graphic artist and the shoot was part of a future marketing campaign.

Everything I need is basically on the imac, and I have got my slr and lenses etc. I had to start basic, as I graduated into no opertunities. I already had freelance clients, so thought it was the right route.

ah ok that makes more sense I *don't think* she is entitled to keep your items as there is some legislation about the reposession of items that you need in order to earn money - I'm sketchy on this though so please fully check it out for yourself!

If it was me I would write to her offering a repayment plan of the rent owed (minus the deposit) and also I WOULD actually call the police as you are still being charged rent on the property and she *might* be unlawfully withholding your property. If you phone and ask nicely they will probably be really helpful and advise if there is anything you can do.

Hope that helps - also just a quick thought (may not be of any use without your imac) but have you tried places like elance, 99designs etc where you can bid for small projects?