Anyone in the know about buisness premises rental rights?

xsarab

Hi all.
firstly i apologise in advance if i posted in wrong section

a few questions regards renting a business premises.
if a person rents within a complex type of thing which is owned by the 1 landlord, are they entitled to advertise in public view as the business is hidden within a courtyard from main st?
also if they signed a basic contract in the belief there were no conflicting business there (as the landlord assured them that as per contract, others cannot engage in same business) and then found out there was direct competition in main unit with public passing, what happens there?

lets say for instance each unit allocated for certain business' ie. 1 ladies hairdressers, 1 mens barbers and another for beauty salon. then after new salon goes in the hairdresser broke contract and boldly advertised full beauty treatments while taking down beauty salons signage near street view without permission. Makes false allegations to clients about owner of new beauty salon intimidating and harrassing them, thus driving potential clients away.

When asked nicely about this landlord dismisses concerns of new tenant, while pointing out the new tenant cannot compete with hair salon ie start doing hair. Stated the hair salon was to be hair salon only as per contract yet does nothing to rectify situation. Also not allowing new business to advertise in main street view. When asked why landlord stated there was no conflicting business at time of signing contract, stated they didnt realise then.

The new tenant may have given up renting within a premises in a central location to open their own beauty salon in a more remote location in the belief they didnt have competion on the doorstep. Using all savings to decorate and stock new premises just to later find what would seem like breaches of contract, reputation being slandered to the public, signage removed, unhelpful landlord and a business that seems unable to get off to a start with so many blocks.
Therefore leaving new tenant in a catch where, no savings left, unable to return to last premises and seemingly stuck with a business unable to progress.

im pretty clueless when it comes to matter like this, any help would be appreciated :-)
Thanks :-)

sandin

If there's a non compete clause in the contract and the landlord owns both buildings, then he either gets the other person to stop or will have to compensate you. - Talk to a solicitor about it.

highlandseoghan

Have you got a non compete clause in your contract? If you do, like the previous poster said the landlord needs to address this issue.

Unfortunatly if you don't have a non compete clause in your contract theres not much you can do about the "hairdresser adding beauty services to there menu". The only thing you can really do is ask the landlord if you can put up signs in certain areas where footfall is high to help generate business.

Have you tried leaflets to help advertise your business or a small ad in a local paper.

If your competitor is making false accusations about you, I would suggest you talk to them first and if it continues take legal action.

xsarab

Thanks Sandin,
there is supposed to be a clause like that in place.
Can a formal letter be sent without being through a solicitor?
wording should be perfect im guessing

banie01

xsarab wrote: »

Thanks Sandin,
there is supposed to be a clause like that in place.
Can a formal letter be sent without being through a solicitor?
wording should be perfect im guessing

There either is such a clause in your lease, in which case a solicitor would best be engaged to ensure the Landlords performance of the contract.
Or there is no such clause in your lease, in which case you are basically stuck with what you signed.

Asking about the wording of a formal letter without knowing whether or not a non compete clause is enshrined in the lease is a bit moot.

Check your lease for the clause, if its there you have a strong basis for forcing performance of the clause.
If its not there, it doesn't matter how perfectly worded your letter is!
As there is no enforceable clause and you are stuck with what you signed.

Did you engage a solicitor to review the lease and conditions before you signed?
If you did, and you had instructed them that this clause was a necessity for you then you may have recourse against them if it is not in place.