Contract is 12 years old, neither party holds a copy

DullGreyGuy

WaterBourne said:

Hi all,

I've recently taken over managing a local sports team, we have a 20ft container to store our equipment which costs £900 per year. 
This contract was taken out 12 years ago, confirmed by the company, and neither party holds a copy of the contract. 
How do I get my team out of this fund draining contract? A new container would cost less than £2000, we have so far paid in excess of £10000. 

Thanks all. 

Advise them that you wish to cancel the contract. 

The lack of a copy of the contract doesn't mean the contract doesn't exist but does make it hard for either side to prove what the terms were. Years ago we were cancelling a number of offsite records management arrangements that were typically paid monthly. Most accepted out assumed 3 month notice but one company rejected it saying their contract was a 2 year notice period, which we said fine, please provide a copy of the contract to verify the excessive notice. They had to admit they'd lost it, not exactly good for a records management company, and so accepted it. 

If your payments are annual then it could be you need to give reasonable notice and it will end at the end of this contract year. 

Jenni_D

WaterBourne said:

Would there be a ground rent to pay ? Yes

Do you have to pay this ground rent regardless of who owns the container? Is this ground rent for the whole ground (for the sports club)? (I think the original question related to paying ground rent for the specific land the container sits on, and whether such rent was part of the container rental cost).

WaterBourne

Jenni_D said:

WaterBourne said:

Would there be a ground rent to pay ? Yes

Do you have to pay this ground rent regardless of who owns the container? Is this ground rent for the whole ground (for the sports club)? (I think the original question related to paying ground rent for the specific land the container sits on, and whether such rent was part of the container rental cost).

Sorry, that should have been a No. 

born_again

DullGreyGuy said:

WaterBourne said:

Hi all,

I've recently taken over managing a local sports team, we have a 20ft container to store our equipment which costs £900 per year. 
This contract was taken out 12 years ago, confirmed by the company, and neither party holds a copy of the contract. 
How do I get my team out of this fund draining contract? A new container would cost less than £2000, we have so far paid in excess of £10000. 

Thanks all. 

Advise them that you wish to cancel the contract. 

The lack of a copy of the contract doesn't mean the contract doesn't exist but does make it hard for either side to prove what the terms were. Years ago we were cancelling a number of offsite records management arrangements that were typically paid monthly. Most accepted out assumed 3 month notice but one company rejected it saying their contract was a 2 year notice period, which we said fine, please provide a copy of the contract to verify the excessive notice. They had to admit they'd lost it, not exactly good for a records management company, and so accepted it. 

If your payments are annual then it could be you need to give reasonable notice and it will end at the end of this contract year. 

Which given the length they have had the container is likely to get a offer of do you want to keep for £XX as the cost of removal will be pretty big. 
Having seen the state of some of the containers at local cricket ground, after many years. They are pretty much fit for nothing but scrap due to the constant condensation in them over winter.

Arunmor

I would also consider trying to buy the current container (assuming it is still suitable).