Charity's anger over Swindon shop lease branded 'dangerous'

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More concerns have been raised about the “dangerous” state a town centre shop unit was let out to a charity - which led to the group spending tens of thousands of pounds.

Mental health support charity Dove’s trustees jumped at the chance to move into the former Second Cup Coffee Shop on The Parade for three year contract but came to regret that decision after learning of a 28-day break clause and two of their team being injured by loose, live wires.

A break clause is a contractual provision that allows either party to end a fixed-term agreement early without penalty.

Earlier this month, trustee Dorothy Topley told the Adver that a planned shop opening would no longer go ahead as the good cause felt “screwed over” by the estate agent.

Now another trustee, who wished to remain anonymous, has hit out at the Avire agency who approached them and the consulting firm Heywood and Partners who he claimed said they were unaware of the poor state of the property and have apologised.

A director of Avire has denied the claims, saying the charity was told the full details of the deal.

The charity trustee said: “The whole thing feels like a scam, they only offered the lease to us so that the landlord wouldn’t have to pay management fees, as charities are exempt from them.

“We thought it was a wonderful opportunity to settle somewhere and find our feet and spent a lot of time and money to get the shop ready for opening, but it’s not going to happen now, we decided we can’t go back in there because it’s so dangerous.

“With all the money we’ve spent on this and the amount of trade we’ve missed out on or grants we could have applied for if we’d been up and running, I’d say we’ve lost around £100,000 that could have gone towards helping people in need.

“At least we’ve made it look good for the next tenant.”

High-voltage live wires, leaks under the floorboards and the breaker box catching fire are among the hazards Dove’s team has dealt with in the last six months.

The trustees only became aware of the short-notice break clause when a viewing was apparently arranged by Heywood and Partners just a few days after they had been given the keys, while their repairs were still underway.

It is alleged that electricians hired to sort out these issues were then taken off the job before it was finished, though the repairs have now been completed, long after the lease had been signed.

Avire works to match prospective charities, not-for-profit and community organisations with suitable commercial premises across the UK, though the trustee claims that the company was “pushy” about them signing it.

He added: “The break clause should have been part of the Head of Terms rather than buried in the small print.

“If we’d known, we would never have agreed to it and would have gone with another shop opportunity elsewhere.

“We asked why this wasn’t made clearer, but they weren’t keen on answering, though we were also told that if we paid to make the site safe, the break clause would be extended to six months.

“The unit was not at all fit for purpose and could not have operated as a shop in the state it had been left in.

“It’s unbelievable. It’s wrong to treat a charity – or anyone – in this way.”

When approached for comment, the director of Avire UK told the Adver that Dove's trustees did not understand what was explained to them, kept changing what was agreed, and were difficult to work with.

He added: "We have been specialising in charity lettings in the UK for 18 years and we have helped thousands of charities find free commercial space throughout the UK."

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