Started by: ClarePohlen
Started by: Commander
Started by: Anna P
Started by: Nick Roud
Started by: paintvine
Started by: Anonymous
Started by: Rene
Started by: Andy Hamilton
Started by: Justinem
My company is in door to door sales. We decided kid 2019 that the business had no future and started winding down operations. Last week the Commerce Commission telephoned to inform that they want to investigate our business as they received ‘complaints’. This was news to us as we believe our compliance regime was robust. From what I have read with Comcom, they will have a mandate to go after certain industries, and they will go in with a fine tooth comb to look for historical mistakes and then throw the proverbial book, desk, chair and whiteboard at a company in order to ‘send message’. My fear is that we do not have the resources to fight them as our intention is to fulfil our contractual obligations to our customers, repay debts and close the company. This news is causing me significant mental stress as I am just fearing the worse, not having the money or assets to hire lawyers. Do you have anyone who has experience dealing with Comcom whom I can talk to. Right now all I see are dark clouds and I cannot afford that, with a sound family depending on me.
Hi, I run a hairdressing salon and we sublet to a coffee cart style operation. We were unable to trade at all through levels 3 and 4 and the coffee shop operated a takeaway at level 3 only. Our rent is currently $12,503 per month and the landlord initially advised we had to pay the entire amount. We do have a no access clause enabling us to determine fair rent and when I pointed this out he had indicated that 50% is fair. However our revenue is down 100% and I have offered him 25% for the level 3 and 4 period and full rent from yesterday. He has not agreed to that and we are now looking into mediation. However, the fees for the mediator are $3000 + GST while the amount disputed is just shy of $3k – he seems happy to proceed but I don’t want to pay this sort of fee. Do I have to proceed to mediation and what are my options from here? We still have 19 months on the lease and have signed personal guarantees so walking away is not an option. He is aware that the rent is a struggle and we currently pay between $50 and 70k a year to keep the salon at a nil loss position.
I NEED HELP WITHLEGAL FORMS AND A TERMS CONDITION E COMMERCE CALL ME 0211363191 MATT
Hi There,I hope you and yours are well amd safe in these trying times.I’ve recently started a company and am looking into patent and trademark advice or recommendations, if possible. Also, anything else that might help out a startup would be appreciated.Cheers and take care,Anna
Hi guysI love that there’s a place to ask questions! I’ve started a small business making baby accessories (mainly teething aids) and I’m keen to get them safety tested. But I cant find any information on where to go to do this and if its compulsory or not. Any advice? I have the relevant standard. Thank you!Janna
Hello I have had a creditor who has put a debt collection agency onto us for a bill that was due on 20th February 2020. We have since paid the debt in full but now I have received a bill from the debt collection agency for $200 costs and $76 interest. I’m not even sure I have sign a application for credit with the creditor as we first started dealing with them 15 years ago. Should I pay the collection fees and interest, or ask for more information. The original amount was $950.Thanks
Good Morning team, I hope you and your loved ones are well and keeping healthy. Would like to ask for some advice and help please. As you may be aware I have been offering coaching services to (45) professionals free of charge who have unfortunately been made redundant. On a call today and a professional asked me something I need some direction on.Situation is: he is working for an accredited company and is on a work to residency visa. Company have informed him that they are going to disestablish his position. Question is; can an accredited employer do this bearing in mind his Visa obligation is to that company and if they do does he then need to pack his family up and move to his home country?Any thoughts, support or ideas would be of great help. Thank you, Look after yourself and each otherNick RoudRoud Career Coaching
We have been contacted by an Australian law firm who is requesting that we forfeit some of our trademarks in our respective field. We don’t feel that this is necessary, or that their allegations hold any real weight but also at this stage don’t want to involve our lawyers and spend valuable capital to fight this. We feel as though this company is deliberately trying to pray on us during this pandemic, and I am just wondering what the best course of attack here is? I have attached the letter in the link section from the IP company. Look forward to hearing what anyone comes back with. https://docs.google.com/document/d/1RsuHziZsX3BYXM1vg743tl0F_spvm_UZzGRQpid31Dg/edit
Hi – I have a retail business in CHC, I was supposed to re – sign a lease for the property for another 6 years on 31st Jan 2020.I have confirmed by email that I would like to do so and the landlord said he would contact his lawyers and get the paper work underway, which I to date have not seen nor signed.He is asking for high rent and I have had no business for 5 weeks plus lost 98% of all quotes and orders underway and unable to do sales on upcoming LV3.I can not sustain the rent within the fallout of COVID19 as my business is a not a quick turnaround like hairdressers etc.Am I bound by the previous lease or am I on a month to month?Kind regards Michelle
Hello, we are a small business. We own a small building in a central city. It is currently let by a very globally well known tenant, that owns an equally well know NZ company. The lease we have contains the No Access clause 27.5. I would appreciate any views around how much risk should be considered when determining a fair proportion of rent to pay. There is alot of focus on tenant ‘use’ but surely the word “fair” in the clause should bring into consideration risk and which party is better placed to bear it . This particular tenant negotiated hard as soon as lock down was announced. This premises forms a very small part of their business, Ithey are an essential business and are able to continue this from several other locations around the country. Other small business in the same trade are currently making use of their premises to continue in very small capacity. This tenant has decided to shut up shop and cut costs. According to its official ‘use’ 1/3 of its floor space is unable to carry out its normal use due to covid 19. Our business only has this income as its sole income. The tenant has multiple streams of income. The more I read about this clause , the more I realise it is not cut and dry. It would be interesting to get a view from one of the specialist commercial lawyers on board about placing more weight on each side’s ability to bear risk. May is looming and this tenant will be requesting further discount. I did seek initial legal advice on ths clause but in the end, it did nopt really add much assistance as this clause has not been deliberated in court.
We’re a relatively new business in a high lease cost area. Because it’s new, we have worked without drawing an income, but the money-in vs money-out has only just started to fall on the right side of the ledger when this hit. We are not getting any relief from the landlord as we have a Agreement to Lease, not a Deed of Lease – so the No Access clause does not apply. We’ve been advised to “talk to the bank” but we are very reluctant to go further into debt to save a business that (although it was starting to come right) wasn’t profitable. The nature of our business means we will be one of the last to open. We don’t have any reserves left and our priority is supporting our family. My question is; does it simply come down to how accommodating your landlord is? The impression that we get is that if your landlord isn’t awesome, you’re up the creek without a paddle… Thank you experts, we really appreciate all that you’re doing!
Hi there I lease a salon – the lease is outdated so does not feature star of emergency or no access clause therefore full rates are still applicable – have two girls renting a chair they have applied for covid 19 subsidy but they also quit effective immediately when lockdown was enforced They have completely disregarded the contracts and one has even blocked all access or forms of communication with me they’ve stopped paying all outgoings saying they can’t afford it so not only do I need to continue topping up my payment I need to pay there’s somehow or I will end up breeched I have yet to have my subsidy come through also am a solo mum have rent etc please help if you can any advice appreciated
I need Legal advice to negotiate with my landlord for the period of the loockdown and beyong. I’m a business owner and I rent a commercial building for my business and the landlord expect full payment for the commercial rent of the building while we can not have access to the building and our business is shutdown because of the loockdown. I look forward to your reply.Regards.email@example.com
While we are in Lock-Down, as a tenant am I able to get some relief from my rent as a result of a lack of access? I have seen in some tenancy/lease agreements they have a ‘No Access in Emergency’ clause which then talks about a ‘fair proportion of the rent and outgoings shall cease to be payable for the period’.
My lease is up for renewal & I need legal help my landlord is not replying to my request for rent reduction