We believe that allegations concerning the withholding of deposits, the imposition of unexpected financial charges, demands for personal guarantees and pressure surrounding the renewal or termination of commercial agreements warrant serious, independent legal scrutiny.
Our investigation will consider, where applicable:
Breach of Contract
Whether deposits have been retained, charges imposed or contractual obligations enforced without sufficient justification under the relevant agreements.
Landlord and Tenant Act 1954
Whether qualifying commercial tenants have been denied, or improperly pressured into surrendering, statutory rights relating to the continuation and renewal of their business tenancies.
Economic Duress
Whether tenants have been subjected to legally improper commercial pressure to accept additional personal guarantees or other contractual obligations, particularly where refusal allegedly placed their continued occupation at risk.
Misrepresentation Act 1967
Whether inaccurate or misleading representations may have induced businesses to enter into tenancy agreements or related contractual arrangements.
Unfair Contract Terms Act 1977
Whether contractual provisions seeking to exclude or restrict particular legal liabilities satisfy the statutory requirements applicable to business agreements.
We intend to examine these matters through tenancy documentation, written correspondence, financial records, witness accounts and independent legal assessment.
Where credible evidence establishes potentially actionable wrongdoing, our objective is to support affected businesses in exploring the recovery of disputed funds, appropriate damages and coordinated civil proceedings where legally justified.
Our Commitment
We are seeking to bring together affected businesses and suitable independent legal professionals to assess the evidence and establish whether legal action can be pursued.
We believe that commercial landlords should be held accountable where breaches of the law or contractual obligations are established, regardless of their size, resources or market position.
The purpose of this investigation is to establish the facts, identify any actionable conduct and pursue accountability through lawful means.
The statutory and common-law provisions identified above are possible areas for investigation. Their inclusion does not mean that Flexspace has been found to have breached them. Their application depends on the individual agreements, circumstances and available evidence.