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being kicked out before end of trial period??

Last post Sat, Jul 04 2009, 7:31 PM by bathbomb. 4 replies.
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  •  Sat, Jul 04 2009, 5:26 PM

    being kicked out before end of trial period??

    Hi,

    I do hope someone can help me.
    I am a complementary therapist, and was looking for a base to work from. I was told about a shop that had a room available, it was a new age type shop, sounded ideal. I went and met with the lady, saw the room, which was then offered to me on a 3 month trial free of charge so I could get established, and at the end of the trial, we could then work out the finer details such as paying a fixed fee or paying a commission on my earnings at the end of the trial period. I gratefully accepted the offer, and asked if I could paint the room to a more suitable colour, to which the lady agreed. I asked if it would be possible to have a small amount of shop space to sell a few things that I had, which were different to what was being sold in the shop, and the lady agreed.

    Everything was going great, the shop lady was there from 10am til 3pm, but was late a few times, once by 1.5 hours because she decided to have a bath, which I thought was a bit odd, but anyway. I stayed in the shop until 4pm, and if I didn't have clients then I kept the shop until 4pm. The lady said that as I helped in the shop, she wouldn't charge me any rent at the end of my trial. Then the lady was telling people that she had no money, was having a cash flow problem, and was complaining on a daily basis. one day I said to her that if she were to consider leaving, I may be able to consider taking on the lease, that I was quite happy as I was, but it was just a thought. That afternoon, the lady said the she was disturbed by what I had said, told me that she felt pushed out, she had low self esteem anyway, that she didn't want my computer in the shop (which I had been using to place online ads for both our benefits) and that she had decided to have Saturdays off and she didn't want me selling things in the shop anymore. I asked if it was ok with her if I brought one of my older children or my sister with me on a Saturday so that if i had appointments for treatments the shop could remain open for inquiries and sales. She said that was fine. I apologized if I had made her feel uncomfortable, it really wasn't my intention, i was genuinely trying to help.

    In the 3rd week of our trial period, the lady was telling everyone that came through the doors that she was having a cash flow problem, which I actually found very embarrassing. A man came and she agreed with him to sell second hand books on the forecourt of the shop. Since I was almost always first at the shop to open up, and last to leave, I said to her that I wouldn't be lugging the 3 trestle tables and several boxes of books and videos in and out every day, and she that was fine she would make sure she got here earlier, and pack away before she left at 3.

    The following day, when I came in to the shop, the lady was telling me that she had been unable to pay the rates and the rent cheque had bounced. That afternoon, she told me that she felt like my receptionist, that it wasn't working, she found me confrontational and impossible to work with, and that she wanted £50 a week rent from me. I said to her that she kept changing the goal posts and I didn't really know where i stood, so could she please decide she wanted and let me know, and then we could have a formal agreement in writing. Then she said well actually I just really want you to leave, its just not working and I want you to go. She stormed off.

    I came in to work next day and tried to carry on as normal but the atmosphere was awful. The lady came to my room at the back of the shop and said she was going now, so I said ok I will come through to the shop. She then said well no actually I just want you to go, what I said yesterday still stands. I asked if I was being given notice, to which she replied well I suppose if I didnt give you notice it would be unreasonable, but I want you out as soon as possible.

    I decided that the following day I would just go in for the appointment that I had at midday. The shop was open when I arrived, but she had closed and locked up by the time I came out.

    Where do I stand legally with all of this. I have spent a fortune on signage and marketing all with the shop phone number and address included. We had a verbal agreement that I would have a 3 month trial, and now after one month she is telling me I have to leave!!

    Please Please help,
    Many thanks




    • Post Points: 20
  •  Sat, Jul 04 2009, 5:43 PM

    Re: being kicked out before end of trial period??

    Hi - Free trial and no written contract means you have no legal rights, the fact you've spent money is something you chose to do before any arrangement was formalised and anything legally binding was agreed.(a verbal agreement will be denied by the sounds of her)

    To be honest she sounds like a "Bunny boiler" and you're probably better off out of there, before you get a pair of scissors....right between the shoulder blades. !

    • Post Points: 20
  •  Sat, Jul 04 2009, 6:16 PM

    Re: being kicked out before end of trial period??

    Hi,

    Thanks for that,

    I thought a verbal agreement was legally binding but obviously not in these circumstances. I do have other premises in mind but they are not ready yet so I was hoping I could ride it out til then.

    Thanks for your input though I really do appreciate it, at least I know where I am legally if no where else lol.
    • Post Points: 20
  •  Sat, Jul 04 2009, 6:38 PM

    Re: being kicked out before end of trial period??

    Bathbomb

    Agree with previous comments, a verbal agreement very difficult to prove i.e your word against hers.

    Just a thought, if this women is having problems with paying the rent etc, it may be worth sounding out the landlord in confidence if you know who they are. They may be looking for a quick change of lessee shortly and may be willing to do a deal. There are a lot of empty shops at the moment, so getting a new lessee quickly would be very beneficial. I suppose this will depend on the costs and whether the premises as a whole are suited to your business plans.

    If this women is as moody as you say she was, it is no surprise she is struggling. It must have depressed some of your customers as soon as they entered the front door. They certainly would have needed plenty of alternative therapies !!!

    Huckster

    • Post Points: 20
  •  Sat, Jul 04 2009, 7:31 PM

    Re: being kicked out before end of trial period??

    Yes I did think about that, I heard today from our neighbors that she is turning it in to a furniture shop, so I don't think she actually really knows what she is doing.

    The premises I am hoping to obtain is a room in the shop next door, so I will be in regular contact with the landlord which is definitely a good thing I think, and customers wont have to look very far to find me either : )

    Customers are feeling very uncomfortable around her when she says the things she does about money etc so I am really better off out of it.

    Thanks for your comments, I have been really stressed out with it all and you have helped to clarify things for me, and see some possible ways forward.

    Thanks again

    bathbomb
    • Post Points: 5