Fun_Firefly
24-02-2006, 20:23 PM
ok..ok...so I have defaulted on 4 months rent due to the failure of my business venture, my landlord's solicitor arranged a bailiff to visit, which I at first thought was fair and in order.
The bailiff failed to meet me or gain access as they visited the business premises on a day when I do not open for business, I subsequently spoke to the bailiff on the phone and made a first payment to them, equivalent to just over one months outstanding rent.
Following advice taken I was informed that the court mentioned on the bailiff's form should have formally informed me of the action being taken, I have therefore written to that county court to seek advice as to why I was not advised in advance, at the current time I have not received a reply from them.
I have written to my landlord expressing my regrets for the current situation and offering to pay the remainder of the outstanding rent debt which was on the bailiff notice and expressed a desire to be released from the lease if possible (a 10 year basic Law Society Lease with a 5 year break; 2.5 years to run until the first break).
After a week I now have an offer of release from my landlord and that is:
Payment of all outstanding rent debts (as per the bailiff notice)
Payment of rent due since then (at least one month)
Payment of a further 3 months rent (as recompense for the period when a tenant may not be found)
Payment of solicitors fees circa. £500
Whilst I deeply regret the situation in which I find myself there really is no way other than bankruptcy which would get me out of what is being suggested. If anyone can agree a fair course of action then that would be appreciated; my personal thoughts are that I should counter the landlord's offer and simply give what I owe up until the date I am allowed out of the lease, but this being ASAP rather than months away, and that as they decided to not use a solicitor to agree the initial lease, they do now not need to start using a solicitor and charging me those fees to end the lease.
Loads to read I know, apologies for that. Any comments would be appreciated.
The bailiff failed to meet me or gain access as they visited the business premises on a day when I do not open for business, I subsequently spoke to the bailiff on the phone and made a first payment to them, equivalent to just over one months outstanding rent.
Following advice taken I was informed that the court mentioned on the bailiff's form should have formally informed me of the action being taken, I have therefore written to that county court to seek advice as to why I was not advised in advance, at the current time I have not received a reply from them.
I have written to my landlord expressing my regrets for the current situation and offering to pay the remainder of the outstanding rent debt which was on the bailiff notice and expressed a desire to be released from the lease if possible (a 10 year basic Law Society Lease with a 5 year break; 2.5 years to run until the first break).
After a week I now have an offer of release from my landlord and that is:
Payment of all outstanding rent debts (as per the bailiff notice)
Payment of rent due since then (at least one month)
Payment of a further 3 months rent (as recompense for the period when a tenant may not be found)
Payment of solicitors fees circa. £500
Whilst I deeply regret the situation in which I find myself there really is no way other than bankruptcy which would get me out of what is being suggested. If anyone can agree a fair course of action then that would be appreciated; my personal thoughts are that I should counter the landlord's offer and simply give what I owe up until the date I am allowed out of the lease, but this being ASAP rather than months away, and that as they decided to not use a solicitor to agree the initial lease, they do now not need to start using a solicitor and charging me those fees to end the lease.
Loads to read I know, apologies for that. Any comments would be appreciated.