Aldwych Legal acted for Chantelle Robson and Eloh Agbagu, two small business owners operating Aces Chippy in Middlesbrough. They faced serious issues with their landlord, including faulty essential equipment and an unlawful eviction, raising a commercial tenancy dispute and a civil claim.
What Happened
The tenancy began when Chantelle and Eloh leased commercial premises from Mr. Zarar Gulbahar on 15 August 2022 to run Aces Chippy. From the outset, the fryer and related equipment malfunctioned repeatedly, disrupting trading and creating safety concerns, including a fire risk. Despite multiple notices, the landlord failed to arrange timely servicing or remedy the faults. In a further breach, the landlord changed the locks without prior notice, effectively denying access to the premises and closing the business.
Legal Issues
- Failure to maintain essential equipment and premises, potentially breaching the Landlord & Tenant Act 1985.
- Unlawful eviction via changing the locks without notice, breaching the Protection from Eviction Act 1977.
- Breach of the lease and the tenant’s right to quiet enjoyment, entitling damages for loss of business and distress.
Our Approach
Aldwych Legal issued pre-action correspondence under CPR and the Pre-Action Protocol, outlining breaches and seeking remedies. We prepared pleadings, gathered evidence from technicians about the fryer faults, and negotiated with the landlord to avoid court proceedings where possible. Our team kept the clients informed and prepared a robust case to secure swift redress.
Outcome
We secured a favourable resolution: the landlord admitted liability for breaches of the lease and the Protection from Eviction Act 1977. The clients received compensation for lost revenue, repair costs, return of the security deposit, and damages for emotional distress and harm to their business reputation. The lease was reaffirmed with terms to remedy outstanding faults, or in part terminated where appropriate.
Result / Why It Matters
This matter demonstrates Aldwych Legal’s capability in commercial landlord-tenants disputes and our commitment to protecting small business owners in the capital and regions alike, ensuring premises are safe and tenancy rights respected.
