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End of equipment lease

End of equipment lease

Postby Smouldering Stoat » Fri Feb 24, 2017 8:50 pm

A charity (A) leases equipment on a fixed-term agreement from company B. The contract requires that, a the end of the fixed term, A will return the equipment to an address provided by B. Should A fail to return them, further rent must be paid.

The agreement has come to an end, but B refuses to provide an address for return, promising instead to collect the equipment. However, they have failed to do so, giving various excuses as to why it is not possible. Some time has now elapsed and A has been effectively providing free storage. A has not had any benefit of the equipment since the fixed term ended.

(1) What can A do to bring this situation to an end?

(2) Is it the case that the provisions requiring A to pay further rent do not apply, given that B is in default of its obligation to provide an address for return? The alternative interpretation would be that A would have to compensate B for B's failure.
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Re: End of equipment lease

Postby dls » Sat Feb 25, 2017 5:13 am

You might find something in the Torts (Interference with Goods) Act 1977 section 12
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Re: End of equipment lease

Postby atticus » Sat Feb 25, 2017 6:55 am

As to 2, I would say yes. The charity has demonstrated an intention to return the goods, and the company has failed to provide an address. (Make sure all the requests etc are documented). Reinforce it with a notice under TIGA (see dls above).
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Re: End of equipment lease

Postby Smouldering Stoat » Sat Feb 25, 2017 8:33 am

Thank you, that is most helpful.
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