i need some help regarding ( tort notice act 1977 ( interference with Goods ) please

[syed shah]

hi ,

i am new user here and i dont know the forum very well so please i need help

 

about Tort Notice act 1977 ( interference with goods) my land landord issue me on 8th of feb 2013 ,

 

i have a shop and i have unpaid rent on 6th of feb 2013

 

my landlord send an agent while my shop was close because we open at 11 am ,

they came and change locks and every thing

 

when we went for opening a shop lock was changed with out any notice or any thing i dont know can he do that by law ??

 

and i havent received my tort notice yet

 

i recived an email from my landlord attaching solictors letter telling me that tort notice is issued and i will have it in couple of days .

 

and one more thing when i asked the agent number mentioned on my shop window that r you bailef and he said no i am not ..

 

and can some please help me with this

 

because its mentioned in that letter that my landord used peaceable re entry

does it called in law peaceable re entry into the premises while i was not there not even police

 

or does he can enter my premises with out notice and he advising me to remove the stock except machine

untill its finish who is going to liable about my lost the food is going to expire and every thing

 

please help me out i would be very great full to you

 

as you know if i go to solictors they are asking too much money for that

and i dont have and what i can do that i can file a stay order and go back to my premises

many thanks

syed shah

[adridude]

Keep a well diarised log of :

 

1) Communication with the various parties

2) Potential loss of earnings

 

As to the legalities, I'm afraid I can't help here. I'm sure the site team can though!

[Lea_HTH]

Sounds like forfeiture. A LL of commercial premises will usually ensure there is such a clause in a commercial lease (and many residential ones as it happens), which means that failure to pay rent will result in forfeiture - however, there are certain procedures they ought to follow.

 

You'll almost certainly need a solicitor, whether you can afford one or not.

[raydetinu]

You certainly need to read through your contract and what you signed up to with this regard.

can you pay the rent now or in the near future and discuss with LL.

[syed shah]

Sounds like forfeiture. A LL of commercial premises will usually ensure there is such a clause in a commercial lease (and many residential ones as it happens), which means that failure to pay rent will result in forfeiture - however, there are certain procedures they ought to follow.

 

You'll almost certainly need a solicitor, whether you can afford one or not.

 

 

thank you very much for such a nice reply to you and all

[assisted blonde]

If there was a forfeiture clause in your lease then the landlord can invoke it as soon as the rent is in arrears, to be able to invoke it he must not communicate with you as it could be reguarded as waiving his right to forfeitue, also he may well refuse to accept the late payment of rent which he can do as accepting it would also be waiving his right to forfeiture. If the arrears were only minor and recent then I would surmise that the LL wants you out of his property as he has other plans for iPeaceable reentry is just a way for thE LL to take repossesion of the property without having to go to court and is often used where the lease has a forfeiture clause, it dosnt actually mean peaceable as in he has to be nice or only come in if the premises is open or unlocked.

[syed shah]

If there was a forfeiture clause in your lease then the landlord can invoke it as soon as the rent is in arrears, to be able to invoke it he must not communicate with you as it could be reguarded as waiving his right to forfeitue, also he may well refuse to accept the late payment of rent which he can do as accepting it would also be waiving his right to forfeiture. If the arrears were only minor and recent then I would surmise that the LL wants you out of his property as he has other plans for iPeaceable reentry is just a way for thE LL to take repossesion of the property without having to go to court and is often used where the lease has a forfeiture clause, it dosnt actually mean peaceable as in he has to be nice or only come in if the premises is open or unlocked.

 

thank you very much Sir / Madam ,

i am new user here and i dont know how to attach my lease with this its all legal paper work so i can send you then may be you know he done right or wrong , and another thing aboout peaceable rentry in the premise he done it when i was not there not even shop was open

what i can do for that

thanks

[honeybee13]

thank you very much Sir / Madam ,

i am new user here and i dont know how to attach my lease with this its all legal paper work so i can send you then may be you know he done right or wrong , and another thing aboout peaceable rentry in the premise he done it when i was not there not even shop was open

what i can do for that

thanks

 

Hello there.

 

Forgive me if I've misunderstood what you are trying to do. At the moment, you can't send anything to other caggers via personal message [PM] because you don't have enough posts.

 

I don't know how much detail or personal information you would give away, but I'm afraid this isn't a good idea on the internet. With the greatest respect to assisted blonde, you don't know who she is, or anyone else on the internet.

 

There could be a way to post up paperwork about your lease on this thread, but does it contain a lot of personal information because this isn't a good idea?

 

My best, HB

[adridude]

thank you very much Sir / Madam ,

i am new user here and i dont know how to attach my lease with this its all legal paper work so i can send you then may be you know he done right or wrong , and another thing aboout peaceable rentry in the premise he done it when i was not there not even shop was open

what i can do for that

thanks

 

If I were you I'd:

 

1) Get the contract

2) MANUALLY type out the clauses regarding forfeiture REMOVING ANY PERSONAL INFORMATION

3) MANUALLY type out any clauses regarding peacable entry (if there are any) also removing any personal information

 

It's important that you DO NOT have any personal information posted from the contract. Having your information (especially a contract) posted publicly could leave you open to being defrauded!

[assisted blonde]

Hi please dont send me anything by PM, as I wouldnt answer.yes I have knowledge of the law but I am only offering my opinion and other people will have a different opinion. As far as peaceable reentry goes you do not have to be on the premises for this to be effected.You should either put the full contract on this foru and you do rally need to contact a specialist lawyer to gain full advice

To be fair I wouldnt give free private advice to anyone even if it was in my specialist field, not being mean but some general advice should be free to all but more detailed advice should be dealt with by a specialist (I could be your landlord in disguise, LOL)