View Full Version : My landlords closing our salon down...HELP.


beamer
15-05-2006, 14:33
:help: As some of you know i have a salon with my mum/buisness partner X5X5.
When we first took the salon over 5 years ago now,I was told the salon was to be ladies only but he agreed i could only cut my regular mens hair that have followed me over the years.
The reason i cant cut any other gents hair is because there is a barber next door to our salon and my landlord doesn't want me to take his custom (fare enough)
I have had lots of gents walk into our salon for a cut,that will not go to the barber next door for their own reasons,so i have cut their hair knowing that i am not taking the custom from the barber.Although when any gents asks me for a trim i always let them know that there is a barber next door,and if they say "i dont want to go to the barber" then i have cut their hair.If i hadn't they would only go somewhere else anyway.(but obviously not to the barbers)

My landlord has now told me i can't cut any gents/boys hair including my regular gents/boys as they should be going to the barber (including my husband/father & brother)
He says if they dont want the barber to cut their hair then i have to send them to another salon:loopy: but im no longer allowed to do them.

I just cant get my head round the fact if the gents dont want the barber to cut their hair and they want me to cut it....where is the problem!!!!!!:huh:

Does anyone have any advice for me as he has served me with a 2 months notice and is closing the salon on 1st July.:rant:

I havent got any kind of contract with my landlord or lease.
We took the shop with a gentlemans aggreement(which suited both of us fine)

Any help would be appreciated.
Thanks in advance:thumbsup:

willman
15-05-2006, 14:43
he can't legally impose restrictions on trade,unless they were mentioned prior to you starting to trade there.
as for notice period as you have no contract he can do as he wishes.
i'm afraid that wont be what you wanted to hear, but it happened to my sister years ago,just for a new salon to open in their place.

best of luck.

Joanl
15-05-2006, 14:58
What a lousy birthday present beamer, I know it used to be like that in Sheffield years ago where they wouldn't let you open up within a certain distance of the same kind of business, but thought that had all stopped now.It's all about open competition now isn't it?
Seems that way here anyway and it's nothing to see several card shops, hairdressers and currently tan shops, all within walking distance of each other.
Good luck with it anyway.:thumbsup:
Joanl

Sl3n3y
15-05-2006, 15:54
I recently had problems with my landlord when he wanted to put the rent up by loads - consulted a solicitor and found out that i was pretty well protected by the law, and as a result i stood my ground and got a good deal. The best thing to do is contact a solicitor to find out exactly where you stand with the law you may get one to give you advice for free if you give them a free hair cut - it doesn't sound lawful or fair to restrict you from cutting mens hair, being that this is your primary business.

I am also a member of the federation of small businesses which as a member gives you free legal advice - it only costs £70 a year which considering is fantastic value!

Good luck

beamer
15-05-2006, 18:26
Thankyou for your reply's people.

Yes i has been a lovely birthday gift i do admit.

Nevertheless its not as painful as my eyebrows:hihi:

Thankyou once again for your replys.

Beamer.

wysiwyg
15-05-2006, 23:12
Does your landlord own both shops? If so then it's quite a normal condition for him to impose so you don't compete with the other tenant.

wysiwyg
15-05-2006, 23:35
Even though you haven't got a written lease there is still a contract between you and the landlord. It appears that you agreed to only cut the hair of male customers who followed you from your previous business.

By cutting the hair of other male customers who you say don't want to go next door you are in breach of your agreement. If you refuse to cut their hair some of these men may well just go next door so it could be argued that you are actually causing a loss of business for your neighbour.

How often do you pay rent to your landlord? This may influence the length of notice required to end your agreement.

Has you landlord ever led you to believe that you could stay in the shop for a certain length of time? For example have you carried out any repairs/improvements/alterations after being told that you would be allowed to stay for x number of years?

wysiwyg
15-05-2006, 23:58
Your use of the salon may have created a protected tenancy under the Landlord & Tenant Act 1954. Even though the terms of your agreement are vague you probably have a periodic tenancy and as you have been in the premises for longer than 12 months you may have security of tenure. If you do have a protected tenancy it will be difficult for the landlord to end your agreement.

However, continuing to cut the hair of people who you initially agreed not to serve will certainly act in the landlord's favour so you should stop doing this immediately.

This is quite a complex problem but as you are running a business on the premises and have been there for a good length of time there is a good chance that you have certain rights to continue the tenancy. You should definitely take the advice of a commercial property lawyer on this matter.

Andy C
16-05-2006, 08:46
Assuming the landlord is legally entitled to do that (I don't know about that sort of thing) I would suggest you also make some effort to find alternative premises to move to as soon as the existing ones close, that way at least you can advise regular customers in advance where the new salon will be.

beamer
16-05-2006, 20:47
Does your landlord own both shops? If so then it's quite a normal condition for him to impose so you don't compete with the other tenant.
Yes the landlord owns my salon and the barbers too,we just rent off him!!!

The landlords grandsons have actually been to me for their hair cutting when the barber has been closed(and that was ok by the landlord)Although they are not my customers that have followed me.
I was told from the landlord that i could even cut the barbers customers if they came to my salon when the barber was closed!!!

The barber has sent gent customers to me to have colours done as he doesn't do colouring/restyling,but then he says 6 weeks after when they want a trim they have to go to back to him:loopy:

The barber can only do short back & sides(as seen with my own eyes)
He can't colour/restyle,so the gents he sends to me for colouring,but im not allowed to cut their hair:loopy:

I once had a lady come in who's son was having his hair done by the barber,she told me the barber was half way through cutting her sons hair and he hadnt got a clue what he was doing and could i finish the cut off for him...:huh:

I just cant understand how the landlord can change his mind so many times,and our buisness is being affected by it?????

Sl3n3y
19-05-2006, 14:24
Your landlord will not want you to leave the premises all he wants is to rent both his properties out. What will he acheive if he 'kicks' you out, which he can't do any way! Either way he will lose a tenant whether it is yourself that leaves the premises or the out-of-date barbers closes down.

Seek legal advice!

I have dug out some legal documents from when i was in a similar spot of bother and they state;

6 months notice by the landlord must be given to the tenant - and this must be done by the landlord issuing you with a section 25 notice.

THE TENANT WILL ALWAYS RECEIVE AT LEAST 6 MONTHS NOTICE AND THIS CANNOT BE REDUCED.




Whether or not it was an agreed condition of the lease verbally or written the landlord will have great difficulty in proving this to the court - which i doubt very much be an avenue he go down.

The best advice i can give you is to et a solicitor to write you a letter to your landlord stating your intentions.

Whatever happens i think you are best standing your ground - you cannot be expected to turn males down a hair cut if they refuse to go next door - if he was so concerned about his other tenant losing business he shouldn't have been so unwise to let out next doors as a hair salon.

beamer
19-05-2006, 21:08
Your landlord will not want you to leave the premises all he wants is to rent both his properties out. What will he acheive if he 'kicks' you out, which he can't do any way! Either way he will lose a tenant whether it is yourself that leaves the premises or the out-of-date barbers closes down.

Seek legal advice!

I have dug out some legal documents from when i was in a similar spot of bother and they state;

6 months notice by the landlord must be given to the tenant - and this must be done by the landlord issuing you with a section 25 notice.

THE TENANT WILL ALWAYS RECEIVE AT LEAST 6 MONTHS NOTICE AND THIS CANNOT BE REDUCED.





Whether or not it was an agreed condition of the lease verbally or written the landlord will have great difficulty in proving this to the court - which i doubt very much be an avenue he go down.

The best advice i can give you is to et a solicitor to write you a letter to your landlord stating your intentions.

Whatever happens i think you are best standing your ground - you cannot be expected to turn males down a hair cut if they refuse to go next door - if he was so concerned about his other tenant losing business he shouldn't have been so unwise to let out next doors as a hair salon.
Thankyou for your post
The advise you have given me is very accurate(as recently been told by a solicitor...
Thanks once again..:thumbsup:
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