Landlord Threats and Eviction

[mart2k6]

Hi

My problem started around 3 months ago , I rent a small shop and I started t notice big patches of damp up the wall. I constantly asked for the landlord to put this problem right but to no avail.

Also I noticed there is a very bad rat problem as I have had to pay someone to come in and lay traps and poison as again I was refused help by the landlord.

The smell in the shop because of the damp and the rats has become unbearable, so as a last resort I have refused to make any rent payments as I feel this shop is impossible to keep open as customers have started to complain and my trade figures have dropped considerably.

After letting the landlord know hes is now threatening to change the locks and reposses all of my stock which equates to around £6k worth.

My question is with the shop in this state what are my rights and what is the best plan of action for me to take next. And is the landlord legally entitled to break in the door and change the locks and seize my stock.

Any help would be much appreciated

[MrShed]

It depends on the terms of the contract. What are the EXACT wordings of the terms regarding repairs in the contract?

Pest control is almost certainly an issue for a tenant to deal with I am afraid.

[mart2k6]

Got 2 sections in the tenancy agreement

Access of landlord and Notice to Repair

Repair and Decoration ( which explains the terms of the tenant to keep the property clean basically )

[mart2k6]

Further Provisions

If at any time during the term -:

6.1.1 any rent regarded for the purpose of this lease shall be in arrears and unpaid for 14days after becoming payable (whether formally demanded or not )

6.1.2 there shall be any breach non-performance or non-observance byt the tenant of any of the convenants and conditions contained in this lease

6.1.3 the tenant has any distress or execution levied on its goods at the property

6.1.4 the tenant being an individual becomes bankrupt or being a company enters into liquidation..



Does this give him the right to take my stock ??

[MrShed]

Can you post the exact wording regarding repair please.

Plus, the section you have posted doesnt say what he can do, only says under what circumstances he can do it - you have missed some from the bottom.

[mart2k6]

You want me post the section entitled Access of Landlord and Notice to Repair ?

Or I have a section called Repair and Decoration but thats aimed at the tenant not the landlord

As for the bottom of the other point

it says

then such an event occur the Landlord may enter the property ( or any part of it ) at any time even if a previous right of re-entry has been waived and then the term will end but without affecting any rights that either party may have against the other including the breach under which the entry was made .

[surfaceagentx20]

The ability of a landlord to terminate a lease early depends upon whether the tenant (you) have breached one or more of the covenants contained in the lease.

To initiate a procedure entitling the landlord to terminate he must first serve on you a notice setting out the grounds upon which he relies. This will be a written statement of the breach of covenant relied upon and what steps he requires you to take to remedy that breach and by when.

One covenant will be to pay the rent on time without deduction. That is probably the breach of covenant he relies upon.

A landlord faced with a tenant not paying money has a choice. He can proceed through the courts (the sensible way) or he can go it alone (the so called 'self help' way). The self help way is either [1] to forfeit the lease by what is called 'forefeiture by peacable re-entry' (the change of lock route) or distress for rent (the stock seizure route). He is not allowed to do both (though believe me ignorant landlords try to).

There will also be covenants made by your landlord. Those covenants are likely to includea covenant to keep the structure of the building in good condition (the extent of good condition will be described in the lease). Dampness may arise owing to a breach of the landlord's covenant. It depends upon the source of the damp.

You could bring proceedings against the landlord for breach of covenant and damages, making sure of course that in bringing proceeding there indeed has been a breach of covenant, in regard to which you might want to get a report from a building surveyor as independant evidence in support of your case. The important thing before bringing a claim is that you have served notice on your landlord that he is in breach, have given him enough time to put it right and the landlord has refused or neglected to deal with his breach. If you haven't complained in writing first you need to get a letter out fast.

In those same proceedings you might want to obtain an injuntion restraining the landlord from exercising either of the self help remedies.

x20

[MrShed]

You need to post ANY terms regarding repairs.