I am a business tenant in London Ontario. I went to the UK…

s way for approximately 3 weeks before he emailed me to tell me what he done. I was in arrears one payment as the payment was a cheque for $2300 to cover April and May ($1150 each) but was dated May 1. We had a verbal agreement that rent could be paid evey other month.

The landlord changed the lock. I rented the entire space but was allowed to sublet three offices including a new tenant who was supposed to look after things for me but has sinced taken over my space. The tennants now pay the owner directly. The business is an art/photography gallery - the tenant I mentioned a photographer who has now put a sign outside saying 'New Gallery'

There were no notices as far as I am away and yes there is a written lease agreement.

The damage has been done so it will be impossible for me to resume the business but I would like to be compensated especially by the photographer who had agreed to represent me while I was away and who has now effectively taken over the business which I had built up.

The goods are in another part of the building locked by the owner. I assume that he will hold on to them until he gets his $2300.

This is the email trail from the owner and me.


to Joe Santagapita
date Fri, May 7, 2010 at 3:32 AM
subject Cheque
mailed-by gmail.com
hide details May 7
Hi

I forgot that the Rent check was $2300 and not $11500. I checked my account this morning and the cheque did not clear. I will issue you with another cheque later this month.

my apologies

Graham
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Reply [email protected] to me
show details May 11
When are you scheduled to return ?

Joe

[email protected]
date Wed, May 12, 2010 at 4:30 AM
subject Re: Cheque
mailed-by gmail.com
hide details

May 12
Hi

I am scheduled to return at the end of this month. Usually my trips are short but I have quite a bit to sort out this time.

Graham
[email protected]>
date Tue, May 18, 2010 at 2:17 PM
mailed-by sympatico.ca
hide details May 18
Graham,


As we have not received rent for the months of April and May 2010, we are forced to take action to protect our interests. Your NSF cheque dated May 1st was already overdue for the rent for April and was sent without any consent or prior negotiation of late payment. We regret we made special accommodation for you in allowing half of the required rent so that you could establish yourself and continue with your "Big Band" festival.
The locks have been changed and negotiations with the remaining tenants have been made. Your belongings will be stored safely awaiting payment for rents owing, for hydro owing, and for the removal fees for such items. Artist's paintings and photographs may be picked up by the rightful owners with prior arrangements made, calling Joe at(NNN) NNN-NNNN

We regret you were unable to handle this business arrangement.

Joe and Chris





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graham wilson to jsantagapita
show details May 19
Hi

I wish you had contacted me earlier to discuss this. I thought that you had said that I could pay every other month. I have apologised for the NSF and was going to sort it out on my return. I am going through a difficult time at the moment and had appreciated your consideration. I think that the measures you have taken are quite drastic and could have been avoided with prior communication.I didn't know that you had a problem with the April/May cheque I sent.

This effectively ends my business and will have caused irreparable damage to my reputation within the community I had established at 124 Dundas. I had made arrangements with Joseph David to act on my behalf while away and things were looking very good for the future. The business arrangement was carried out in good faith and I again apologize for the problem with the cheque which was an oversite on my part.



This is a shock and a very sad day for me.

Graham Wilson

Thanks.

This is the agreement email trail with the photographer:





[email protected]
date Mon, May 10, 2010 at 8:24 AM
subject Re: Debit Transaction
mailed-by gmail.com
hide details May 10
Hi

Glad to see things are going well. I will email funds as suggested. I am still not sure when I will be returning as there is quite a bit to sort out.

Please let me know if having other exhibitions in the studio will have an adverse effect as I have received 2 more requests to book the space. I have told them that I will get back to them. I am charging $250 for the wall space so will look at the pros and cons of renting it out. My priority is to make it workable for you.

Also, if you are prepared to help with sales of other artists - in other words act as a representative for the London Fine Art Centre, working around your schedule, I would be prepared to waive the $100 which would make it commission only.

If you are interested I could give you a price list spreadsheet in case of any enquiries. I just want to make sure that things tick over while I am away and that shoppers have the opportunity to buy if the opportunity arises. I am not sure how much time Jennifer needs to be around and how beneficial it is at this stage.

Any suggestions appreciated.

How are things generally around the offices? I hope that everyone is happy with the situation.

I do need to sort out paper towels for the washrooms as we are out. I will go online to see what is available - if you or anyone knows where they can be bought please let me know.

And yes, I have been caught up in all the election drama. It looks like Brown should resign with a Con-Lib coalition.

Cheers XXXXX XXXXX


Graham
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show details May 10
Hi Graham,

Things here are going good. I understand your situation over there so sorting that out i'm sure is your
top priority. Yes, I wouldn't have a problem acting as a rep for LFAC. For the past two weeks it's seemed
that way anyway. It was interfering with my work a little but it is something I could take on.
Speaking of that I had a man in on Saturday very interested in the "forest fire" painting by D. Kuba.
He didn't want to pay the full price of $450 and I wasn't in the position to negotiate. I got his card
and told him I would speak to you or Debra about the price. I think his price in mind was around $375.
But yes if I had a spreadsheet of prices that would be good. I assume the rep position would also include
the cleaning of the LFAC including washrooms and supplies. I'd like to have a bell of some kind attached to
the door so I could hear when customers where entering.
As far as Jennifer goes, I'm not sure exactly what she was doing for you as all I really saw her do was
work on the layout of the "What's On" magazine.
As far as the office's go Melissa seems happy, just complains about the state of the washroom sometimes.
Johann seems good as well.
Having an exhibition in my space here has been rather uncomfortable. It seems to confuse customers as well.
With people walking in when i'm working and asking me questions about the Beal artwork etc. which I have
nothing to do with and don't feel happy to help out Beal after the lack of respect they showed us here.
To be honest after this experience of having the Beal Art Exhibit in here, it has left a bad impression on me.
For future bookings of exhibits I could arrange the front area for exhibits and reconfigure the current art work there along the walls of the hallway. I think this could work well. As the front area seems a little chaotic right now. We could work something out as far as compensating me for the representative role, waiving the $100/month making it commission only makes sense, adjusting the commission on how busy I am with the LFAC.
So just to be clear the $470 that has been put through on debit, $200 will go to you for the last two weeks of May, and the remainder $270 would then be put into my account through email.
Let me know if this makes sense to you and enjoy your time in the UK.
Joe.

Joseph David Photography
Studio 3,XXXXX
London, Ontario, Canada
N6B 1Z4
XXX-XXX-XXXX
www.josephdavidphotography.com



-------- Original Message --------
Subject: Re: Debit Transaction
From: graham wilson
Date: Mon, May 10, 2010 1:24 pm
To:[email protected]

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graham wilson to contact
show details May 11
Hi

I'm glad we seem to be on the same wave length. I will hold off on any further exhibitions in the main studio based on your current circumstances. I wanted to wait until I had an indication from you as to your intention to carry on.

I do have an exhibition booked for July and could see whether it can be switched to the front area. I will then be making the front area exclusive to an artist called Steven Tracey either from August or July (until the end of the year) if I cannot switch the July exhibition.

I will be losing $250 a month for the wall space while you have exclusivity in the main studio so will monitor how well things go from your end.

At the moment I believe that this is worth absorbing if it helps you progress as well as encourage your willingness to get more involved with the Centre.

I can also offer 10% to you on sales of products other than yours at the LFAC

So basically the added benefits to you are as follows:

1. No cash for rental
2. Control over exhibits in the studio as well as free gallery space for your own products.
3. 10% on sales of products other than yours

Benefits to me.

1. Assistance with sales
2. Someone on hand to liaise with clients and office renters if needed.
3 An arrangement that allows me to be away at various times, especially at the moment.

Also:


The chap who is interested in DK's forest fire can buy it for $375
I agree with the bell idea
I will send $270 via email around the 15th
I will send you a price list + other bits you may find useful
I will contact Jennifer re changes.
I will leave it to your discretion to make adjustments to the front area - this can include removing and temporarily 'storing' certain pieces. Melissa seems OK with putting inactive pieces in her room.


Obviously your priority is to focus on your studio so keep me posted regarding the viability of this new proposed arrangement. I hope that it will provide better opportunities for both of us in the long run.

Thanks


Graham
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show details May 12
Hi Graham,

I see this new arrangement as a positive step forward for both of us.
The London Fine Art Centre has alot of potential and I belive I could help it grow
and prosper as a representitive. The feed back from the public who stroll the space
seems to be very positive and supportive. While my priority is with my studio and running
Joseph David Photography, being a part of the LFAC would be an ideal situation, I would also
like to be a part of the What's On magazine if I could offer my design/photographic services.
When do you want this to be effective, May 15th ? If so, we would need to discuss the $200 I was
to pay you for the rest of the month of May. I have had thoughts about rearranging the front space
(art work wise) and could make it more attractive to passers by to come in and browse.
There are some pieces of art not priced, I will ask Jennifer if she can tag everything.
Also David Ogalvie was in again asking for a few mounted photo prints he couldnt find, any idea
of where they would be or if they sold ?


Joseph David Photography
Studio 3,XXXXX
London, Ontario, Canada
N6B 1Z4
XXX-XXX-XXXX
www.josephdavidphotography.com