Hairdresser Chair Rental

Strawberryt

Hi i cannot find anything on GOV.UK. My friend rents a chair in a hairdressers  which has been closed for 2 weeks now, the hairdresser proprietor is still looking for the rent money?  The proprietor says she has not received the 10k small business grant as yet.  My friend who rents the chair cannot apply for the 80% self employed grant until HMRC contact her and they haven't as yet.  Is she liable to pay this chair rent when she is unable to work?

Illusionary

I'd suggest looking at the details of the contractual relationship here. While I'm not a lawyer, I would expect the default position to be that the rental payments are still due, unless there's a specific event that overrides this. Potentially there might be an argument for frustration of the contract? The length of the closure relative to the entire contract is probably relevant to some extent - but in the interests of the ongoing relationship with the proprietor (who may have their own ongoing lease obligations on the property?), it's probably worth trying to find an agreed compromise.

Strawberryt

Thank you, there is no contract between them.

Illusionary

Strawberryt said:

Thank you, there is no contract between them.

While there may not be a written contract, there's presumably at least an oral contract. These can be legally binding, but it's difficult to prove. Ultimately, again the key thing here is most likely to be preserving a good working relationship with the proprietor, as without that, it may be difficult to resume business once circumstances allow.

Jeremy535897

It is a very interesting legal question, particularly in the absence of anything in writing. The owner will say that the lessee owes the money because the chair is still there, and it's not the owner's fault that the renter can't use it. If I were the lessee, I would say that I can't use the chair, so the rental is null and void. That argument would be helped, possibly, if the premises are locked and the lessee has no key, or the electricity or water supplies have been turned off, because then the lessee can argue that the owner is not allowing the lessee to use the facilities leased.
In the end, it comes down to practicality. If the lessee does not want to just quit (in the absence of any written agreement I don't know what notice period if any would be deemed to apply), perhaps they could continue to pay the rent, on the understanding that when the £10,000 grant is received by the owner, there is some recompense.

Strawberryt

Thanks for this unfortunately not only is the proprietor not in receipt of the 10k (apparently) but the leasee has also not been contacted by HMRC to claim her self employed 80% but I agree with you both.  A middle ground so that proper relations can continue  when this is all over.

Jeremy535897

I think a lot of people are still waiting for HMRC to contact them.

Illusionary

In case relevant, payments from the Self-employment Income Support Scheme won't be made until June.

Strawberryt

Really? How are people meant to live.

whizzywoo

Strawberryt said:

Really? How are people meant to live.

They can claim Universal Credit and / or get a job in a supermarket.  The supermarkets are very busy and taking on staff.

mattyprice4004

Strawberryt said:

Really? How are people meant to live.

Lots of jobs out there for those who look - sadly some replies on here indicate that people feel they're 'beneath' a job in supermarket or driving vans etc. 
Creditors are being more lenient about payments etc, and any self-employed person who doesn't have a few months of expenses in the bank 'just in case' is asking for trouble - any work that isn't PAYE is a fickle mistress, and to not have a plan B if foolhardy at best, and reckless at worst.