As mentioned above, the landlord or broker must make certain pre-contractual disclosures before signing a regulated lease, otherwise the lease is only enforceable by court order. Enforcement includes repossession of the equipment. A „consumer lease business” refers to any business10 that is sued This guide mainly refers to the regulatory protection of these types of individual entrepreneurs, but companies that have entered into these agreements could also be entitled to similar protection in contract law, for example on the basis of explicit or implicit clauses, false statements, frustrations and/or errors. Doing business with businesses could also affect whether the landlord or broker can be approved by the Financial Conduct Authority („FCA”). (c) anything else done (or not done) by or on behalf of the Lessor at any time. A court could make certain orders relating to a lease, even if it is terminated, if the relationship between the sole proprietor and the landlord arising from the lease or related agreement is unfair to the sole proprietor. The abuse could result from: (c) the reduction or relief of an amount to be paid by the individual contractor under the related agreement or arrangement; If the sole proprietor claims injustice, it is up to the landlord to prove otherwise. A related transaction entered into prior to the conclusion of a lease agreement will not be effective until (if applicable) such agreement has been concluded. If the sole proprietor withdraws or terminates the lease, it will withdraw or cancel the related transactions. Similarly, certain orders issued in connection with the enforcement (or lack thereof) of the lease may apply to related transactions.

Consumer rental and brokerage companies are also subject to certain FCA rules that require them to conduct their business with „integrity.” „necessary skill, care and diligence”; „to take reasonable precautions to organize and control its affairs responsibly and effectively, with appropriate risk management systems”; and „to give due consideration to the interests of its clients and to treat them fairly”. This would require the rental company to monitor and manage its relationships with its brokers or other intermediaries to understand what they are doing on their behalf; as well as the application to the broker`s behavior. The unregulated activities of a company or its officers (for example. B, leases with companies) could be taken into account, in particular if they have a potential impact on the company`s regulated business activity, its ability to meet thresholds and/or issues of adequacy and relevance. (a) The amount paid by the individual contractor for the goods to the lessor must be reimbursed in whole or in part, and in this case the lessor would have been obliged to inform the sole owner of the right of withdrawal in relation to the rental agreement, otherwise the lease agreement would not have been properly „executed” and can only be enforced by court order (including the repossession of the equipment). An order can be made by the court, even if it places a burden on the landlord (or partner) with respect to a benefit enjoyed by someone else (such as the income provider or broker). The company may be asked to sign two contracts with two different companies, a lease agreement with a leasing company and a revenue productivity contract with an advertising/printing company. The contracts would have the same amount and duration, so they seem to cancel each other. But after a few payments of the revenue from the service contract, the advertising/printing went bankrupt.

Meanwhile, the leasing company continues to require rent payments under the lease, suddenly claiming that the advertising or printing contract was a completely separate agreement and was not part of the overall business. A „consumer lease” is a contract that a person1 enters into with a person2, known as a „tenant”3, to the tenant for the deposit4 of goods5, which is not a hire-purchase contract6 that may last more than three months7. A consumer lease is a regulated contract8 if it is a regulated consumer lease within the meaning of the Regulated Activities Regulations, 20019. It is not possible to „outsource” CCA protection for „related transactions”. In addition, any contract would be void to the extent that it purports to limit or exclude liability for the acts or omissions of the negotiator of a regulated lease. Entrepreneurs generally fall into two broad categories: sole proprietors and businesses. But the Consumer Lease Act treats a sole proprietor as a „consumer” if the amount due is less than £25,000; this includes individuals, partnerships of 2 or 3 people and associations of unregistered individuals (such as some clubs). If the sole proprietor owes a total of more than £25,000 under the lease and enters into the lease for commercial purposes, the contract is an `exempt` agreement (but still regulated to a large extent, as explained below).

(e) amend the terms of the agreement or related agreement; The court must consider any matter it deems relevant and must (if applicable) treat anything done (or not done) by another person on behalf of the landlord as if it had been done (or not done) by or in connection with the landlord. If a sole proprietor enters into a lease with another company in the United Kingdom, the contract may be subject to the provisions of the Consumer Credit Act 1974 („CCA”) and certain provisions of the CCA. However, one of the complexities associated with regulated leases is that some CCA regulations introduced in 2010 do not apply to them, which could be a problem for some owners and brokers. In the current scenario, the revenue contract would be a „related transaction” within the meaning of the CCA if, for example, the company that promises to pay the revenues from the use of the lease-financed equipment („revenue provider”) requires the rental company or one of its affiliates or former employees to do or not to do (or hire) anything specified in the order under the agreement. or a related transaction. related agreement; The lease may contain clauses that attempt to exclude liability or statements outside the contract that a court cannot enforce; and the sole proprietor could argue that he had the right to terminate the contract(s) for breach of the obligation to provide the income. (a) was an associate employee of the rental company; negotiator in previous lease negotiations; or knew at the time of signing the purchase agreement that the lease had already been entered into or that there were plans to enter into the lease; and the essence of the rent required for a consumer lease within the meaning of the Consumer Credit Act 1974 is that the tenant acquires the use and possession of property from the owner of the goods in exchange for rent, whether that rent is payable in cash or in kind. It does not apply to free deposits. (a) all the terms of the lease or related agreement (including a related transaction); In addition, the activities of entering into the lease as the owner and introducing the sole proprietor into the rental company are regulated activities that require FCA approval.

A lease would likely be interpreted as a „terminable agreement” if previous hearings contained oral statements made in the presence of the sole proprietor by a person acting for or on behalf of the landlord or broker, and if the contract was signed by the sole proprietor on its premises. The Financial Services and Markets Act 2000 (FSMA 2000) regulates consumer credit agreements, including consumer leases. Subsection 19(1) of the FSMA 2000 provides that a person (as defined in the Financial Conduct Authority (FCA) glossary) may only engage in a regulated activity in the United Kingdom if he or she is an authorised or exempt person. For separate information on consumer credit agreements It appears that many small businesses in the UK have been offered the „option” to rent electronic equipment such as screens or printers, on the grounds that rental costs are offset by income from the use of the equipment (e.g. B to display advertising or provide printing services). .