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As the matter is in court so you cannot do anything as of now, you have to wait for the final order of the court. As far as the typographical error, the term written on the contract is considered not the payment schedule. But they should serve you notice at least before the removal. Further, the clause renewal of the contract says that the preference ...
Wazzeer Professional Network
ProfessionalWe have an agreement with a private hotel operations contractor and a government property - a hotel that we have been running for 21 years. They had made typographical errors in the agreement showing contract till 2018 with payment schedule which we were following and making payments however they are saying the contract is still 2016 and removed us from the property without any notice - matter is pending in High Court. There is a clause in the agreement stating that we are to be given first preference for renewal upon expiry of the lease with an increase in 20% of last made payments. We have also made an investment on the property by way of 10% of civil work and set up of all furniture, air conditioners, etc as the property was new when we took it over via tender.
The contract was renewed in 2005 after 10 years due to lack of handover of full land as per tender along with several other issues but dates were not altered however the payment schedule was until 2018. All of a sudden the government of tourism came and sealed the property without any information saying contract expired. There is 50 staff unemployed and without work and no intimation that they were planning to throw us out without so much as a word. We even in the last year sent several proposals for the development of property to enhance tourism and make the property sate of the ar to which government was entertaining all the while only to seal the property suddenly without any information.
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Wazzeer Professional Network
ProfessionalAs the matter is in court so you cannot do anything as of now, you have to wait for the final order of the court. As far as the typographical error, the term written on the contract is considered not the payment schedule. But they should serve you notice at least before the removal. Further, the clause renewal of the contract says that the preference should be given to you upon expiry of the lease with an increase of 20% of last made payments, in this, any modification in the property by you cannot include in the increase of rent, the only monetary increase is considered in this. You can just request the contractor to renew the contract upon the payment of an increased amount from the actual date of expiry of the contract or make a new contract.
'Get your Wazzeer' for any legal or accounting services.
almost 4 years ago
View answer
We have an agreement with a private hotel operations contractor and a government property - a hotel that we have been running for 21 years. They had made typographical errors in the agreement showing contract till 2018 with payment schedule which we were following and making payments however they are saying the contract is still 2016 and removed us from the property without any notice - matter is pending in High Court. There is a clause in the agreement stating that we are to be given first preference for renewal upon expiry of the lease with an increase in 20% of last made payments. We have also made an investment on the property by way of 10% of civil work and set up of all furniture, air conditioners, etc as the property was new when we took it over via tender.
The contract was renewed in 2005 after 10 years due to lack of handover of full land as per tender along with several other issues but dates were not altered however the payment schedule was until 2018. All of a sudden the government of tourism came and sealed the property without any information saying contract expired. There is 50 staff unemployed and without work and no intimation that they were planning to throw us out without so much as a word. We even in the last year sent several proposals for the development of property to enhance tourism and make the property sate of the ar to which government was entertaining all the while only to seal the property suddenly without any information.
-
Wazzeer Professional Network
ProfessionalAs the matter is in court so you cannot do anything as of now, you have to wait for the final order of the court. As far as the typographical error, the term written on the contract is considered not the payment schedule. But they should serve you notice at least before the removal. Further, the clause renewal of the contract says that the preference should be given to you upon expiry of the lease with an increase of 20% of last made payments, in this, any modification in the property by you cannot include in the increase of rent, the only monetary increase is considered in this. You can just request the contractor to renew the contract upon the payment of an increased amount from the actual date of expiry of the contract or make a new contract.
'Get your Wazzeer' for any legal or accounting services.
almost 4 years ago
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