I have felt threatened / pushed to sign legal documents for my assignment which I saw for the first time this Tuesday on the shop which I have not been given time to read but since I voiced this I am happy to say that one of the four documents 'The Authorised Guarantee Agreement' has been dropped which does indeed make me feel less exploited. And repairs some of my confidence that I am paying people to act in my interest.
I TRULY do by no means mean to sound shirty to anyone involved but I do believe in freedom of expression and speech but also I do have empathy from where some of the partys involved are coming from believe me and I do understand some of the actions but IT IS TOO COMPLEX AND I FEEL TOO MUCH IS ENTANGLED at the moment of reporting for the umptineth time repairs that need to be done to the building there are three shops to share expenses but one shops 25 year lease is about to end and feel at times like throwing in the towel. I am having to read all the documents / terms with care as I am dyslexic and seeing as I don't have the dosh to get someone to read them for me it is hard work and I am not being given the time to do so. Other paid and free help who are not dyslexic read my deeds and came to the conclusion as I did that the roof and walls are the Landlord's responsibility but I am being told differently. IT FEELS LIKE HISTORY IS REPEATING ITSELF. I am writing this to reach out to others who may have had same experience, or who might also be in very stressful positions, I feel very alone in it. Nothing written confirms promises made. None of the written documents include for example the general view is that alterations proposed by the new assigner will actually be a great improvement and that I will be given an informal letter indicating that they would not expect me to re-instate the new tenants changes if she drops out which might happen during a recession.
The terms of my lease were changed when I took on the property (probably because I am a lone woman with a first ever business) to a full repairing lease with rolling capping( I learnt what this meant at a later date).
I was told another party was interested in the first floor and I would loose it if I did not act quickly and I had nothing to loose as the building was sound! I was concerned about some cracks in the ceiling and was told by the then estate agent rather than spend £800 on a survey that £800 AT WORST is all I would be paying in the first year under the new terms. Well the roof did leak as soon as I moved in but I could not get them to fix it in the first year for nothing or at worse a max of £800 as I was led to believe. I had what I will term as a 'ladder' problem even then. As you will see from an email sent to me this week giving me T's number (by sending me last years email) which was dated January 2008 because I have been trying to get my roof fixed ever since I moved in. All of a sudden it is possible!?!****** It has been a very dangerous 16 months and I feel I would like to claim against the possible repairs costs; of having my fuses repaired, STRESS, the water comes through a light fitting, I have a witness who saw it blow with an explosion once and I constantly have to replace a bulb. Also it is very expensive. Last year I had a sensor fitted at the top of the stairs and it filled with water although I paid 500 pounds insurance with the landlords it did not cover the sensor which was very expensive but I deemed very necessary as I worked up there on my own with the door open as it is a gallery so I had to pay nearly the same again to have a new, one fitted my content insurance that cost me 750 did not cover this either. I read last night that under the 2007 Landlord code that they should have reported problems sorted in 15 days and that if it is not insured which I was told it wasn't that the landlords should pay. Everyone who reads my shop deeds thinks the roof and walls are the landlords responsibity and I have been trying to get it fixed for over a year which why I thought they may not turn up with a ladder again as it will only get worse and this a reply I got this weekDear Mrs IlstonThe work will be progressed, you are correct that it is the Landlords responsibility to organise, but under clause 5.2 you are responsible for your share which is due through the service charge please ask your solicitors to check and confirm this for you. The assignee wants her money back, because your solicitors' haven't been able to contact you, and she may want a new lease rather than an assignment. I think access has been agreed on Saturday so that the roofer can assess the work. This is after I sent this email Re: FW: Roofer visit Pre-empting the situation of what a recci of a roof would involve ie a ladder I asked T's roofing if he would be bringing a ladder he said no and so I said I would be turning up with a ladder and explained the type of ladder I could bring. T turned up at 1.30 with his mate they then had to move the car, I asked his roofing mate if he would like to erect the ladder while his friend parked the car, he went in to a panic attack at the word ladder and although both in their forties the mate said he would help T park the car. On entering the building they said their and my ladder which I had brought with me was unsuitable so I said I had a three sectional ladder at home which all comes apart (I live 3 mins away by car). He refused to go through either premises bellow with any of the for mentioned choices of ladders on offer saying he needed you to confirm and phone him about where the obvious leak is coming from. I asked him to touch the wet plaster board but apparently he couldn't do this either. Please phone him and ask him to view the property he needs you authorization apparently but I do suggest you don't waste all our time and get someone who doesn't have a ladder phobia.
This is an email I received 23 January 2008 12:02To: 'info@venusgallery.co.uk'Subject: Roofer visit Hi Ms Ilston T will be visiting to assess roof he will ring first to check you will be in.

As you will see it is dated a year ago.

WELL THEY TOOK £80 THE FIRST YEAR SERVICE CHARGE WITHOUT ANY RECEIPT. My problem truly is a Citizen problem but I can not have debt advice as my Lease problem is so open ended and I do not know what my debts will be by the time they (the landlords have rung me dry). After a stressful year I am now likely to loose my home.

My situation is complex I had a large enough deposit 4,250 plus interest to cover this amazingly found legal expenses of a new tentant even though most first floor to let commercial premises in Henley have been vacant for years!

Having spent so much on setting up a gallery that failed due to recession / a years road works in Henley approx 15 shops / buisnesses have closed this year in Henley as the road works drove footfall away from the town. I now have continued expenses.

The changes made in the new deed I have been told that my only risk is if the new people fail to pay the rent, for whatever reason (perhaps Bankruptcy) then at this time all of the liabilities then come back to me. Which I believe to be a strong possibility being in a recession. Apparently there is something like a 2,000 a year rolling capping for any amount of years. Although nothing in my deeds shows these figures.

I AM BEING TOLD NOW TO SIGN DOCUMENTS OTHER WISE THEY WILL TAKE POSSESSION ON THE SHOP AND GIVE HER A LEASE NOT MY ASSIGNMENT. YOU SEE IT HAS TAKEN MONTHS FOR THE ASSIGNERS PAPER WORK TO GET SHIP SHAPE AND I WAS TOLD TWO MONTHS RENT COULD COME OUT OF THE DEPOSIT. I HAVE READ IN THE LANDLORDS 2007 CODE THAT THEY HAVE TO ACT QUICK ON AN ASSIGNMENT IT HAS TAKE THEM MONTHS AND THE ONLY TIME IT HAS BEEN ASKED TO BE SIGNED QUICK IS TUESDAY WHEN I GOT AN ASSIGNMENT REFERING TO DEEDS THAT I KNEW OF NO CHANGES UNTIL TUESDAY. THE DEEDS HAVE BEEN CHANGED I ONLY KNEW THIS BECAUSE I ASKED.

Venus Gallery is nearly empty

I've been in to the Gallery most days picking up post and taking home bits and pieces one load at a time in my car. It has been very hard. I do still have some people's paintings which can be picked up from my home just email me.