landlord lock changed locks on premiss.

[wewalk]

Hello Im hoping someone can help me with advice regarding my Business Premises Landlord changing the locks and denying me agrees to my business and stock.

 

I do owe the landlord money for rent and has been lenient until now.

 

He has told me that he is going to sell/clear my stock and equipment to cover the arrears. My stock value is far more that i owe him and i am worried he will clear it bellow its value.

 

Please can someone advise what to do.

 

many thanks

 

Jay

[Conniff]

He can't touch your stock in leu of rent, that is theft.

[wewalk]

Thants good news, i would love more info. What is the best way forward to resolve the issue. Im guessing the legal route to retrieve the stock will be expensive and the stock may well been sold by the time any outcome happens. Im concerned by the loss of business also.

 

If this is illegal, do i still have the right to enter the premiss despite the doors being bolted!?

 

[mariner51]

"I do owe the landlord money for rent and has been lenient until now."

 

Sounds like you have pushed LLs generosity too far. He is in business too!

Does rent owing equal a breach of contract on your part? What contract provisions are there for LL to regain possession?

 

If the property has not been formally repossessed, and you still have a business, simplest option would be to raise a short-term loan (Wonga?), pay the rent and earn the money to repay loan. How much money is involved & what town?

[wewalk]

Hi Mariner51 Thanks for your response. I agree with your points. I have been his tenant for 7 years. For the last 2 years he has taken irregular payments building up debt and clearing it. I currently owe him 5 k. I have agreed to clear some of my stock to pay him. However he is not letting me access the stock and is making his own attempts to sell my stock/equipment. My stock equip is work 40k +

 

The stock has not formally been repossessed, but my unit has had the locks change, so how do i access my business?

 

there is also no formal lease or rental contract.

 

I believe i have made all reasonable attempts to rectify the situation. Unfortunately i cannot get credit to pay him

 

thanks for your time

 

"I do owe the landlord money for rent and has been lenient until now."

 

Sounds like you have pushed LLs generosity too far. He is in business too!

Does rent owing equal a breach of contract on your part? What contract provisions are there for LL to regain possession?

 

If the property has not been formally repossessed, and you still have a business, simplest option would be to raise a short-term loan (Wonga?), pay the rent and earn the money to repay loan. How much money is involved & what town?

[mariner51]

Hi Mariner51 Thanks for your response. I agree with your points. I have been his tenant for 7 years. For the last 2 years he has taken irregular payments building up debt and clearing it. I currently owe him 5 k. I have agreed to clear some of my stock to pay him. However he is not letting me access the stock and is making his own attempts to sell my stock/equipment. My stock equip is work 40k +

 

The stock has not formally been repossessed, but my unit has had the locks change, so how do i access my business?

 

there is also no formal lease or rental contract.

 

I believe i have made all reasonable attempts to rectify the situation. Unfortunately i cannot get credit to pay him

 

thanks for your time

 

Under what terms do you Lease your shop/outlet?

Who provided the money to purchase the stock initially?

 

"For the last 2 years he has taken irregular payments building up debt and clearing it. I currently owe him 5 k"

Do you mean LL wrote off some debt initially or accepted delayed payments?

 

Govt Bank lending initiative to SMEs went 'live' today. If you still cannot get a loan, you say you have £40K stock. Negotiate with LL either an acceptable repayment plan or transfer of some stock at cost to repay the debt, to gain access.

Less palatable alts for business are liquidation or receivership/bankruptcy.

If the business cannot repay it's debts when called in, it is insolvent and time to consider your position.

PS I have no experience of commercial Leases.

Edited August 1, 2012 by mariner51

[wewalk]

Thanks - There is no lease and never has been. 2. i am the original purchaser of the stock. I have tried offering stock to the amount of the debt. Unfortunatly he is just hell bent on contating clearce companies directly and not allowing acess to even process the stock.

 

Can some please clarify for me. Is it illegal for him to sell my stock in lou of rent? Does legally need to grant access to the stock?

 

please help

[Conniff]

http://www.legislation.gov.uk/ukpga/1977/32/contents

 

Torts (Interference with Goods) Act 1977 - I think it's in there.

[andydd]

If there is no contract or lease it could get very messy as he would have no legal right to rent or anything and would have a hard time proving otherwise in court, I doubt he could take/sell your stock, although he may be able to change the lock as you have no contract to prove otherwise.

 

Andy

[wewalk]

Thanks Andy - he is already trying to actively sell the stock..what should be the next move. Formal notice to police? If i break into the unit and take my stock?

 

If there is no contract or lease it could get very messy as he would have no legal right to rent or anything and would have a hard time proving otherwise in court, I doubt he could take/sell your stock, although he may be able to change the lock as you have no contract to prove otherwise.

 

Andy

[mariner51]

If you break in with no Lease, likely charge will be burglary, or at least criminal damage.

Have you cosidered adding your own padlock, thus putting 'LL' at similar rislk for criminal damage? ie clamp the unit.

[andydd]

I think if I found stock missing I would inform the police, even IF there was a valid lease/contract I dont believe there is any right of set off that would allow him to sell your stock to recover rent.

 

Mariner's suggestion may be a good temp measure.

 

Andy

[numbers666]

Also for rent he could always send in certificated bailiffs WITHOUT reference to court and you would be liable for all fees.....for

this he can seize your goods....

 

http://www.parliament.uk/briefing-papers/SN05304.pdf

[andydd]

Also for rent he could always send in certificated bailiffs WITHOUT reference to court and you would be liable for all fees.....for

this he can seize your goods....

 

http://www.parliament.uk/briefing-papers/SN05304.pdf

 

Although the landlord may run into problems if as suggested there is no actual contract.

[numbers666]

Although the landlord may run into problems if as suggested there is no actual contract.

 

Agreed, but balance of probs some form of agreement must of existed else the op was squatting!!!

[numbers666]

Also, what would happen if some local scrotes were to break in and offer (your goods) to sell them to you ????

[caro]

Also, what would happen if some local scrotes were to break in and offer (your goods) to sell them to you ????

 

Why would the OP want to buy his own goods? I'm not sure what you're implying here but we need to be looking at lawful solutions for the OP.

 

Although there wasn't a written contract, I guess there was a verbal one. Do you have proof of the contract in the form of receipts or bank statements showing payments to the LL?