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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • dx100uk
      Dwf letter Sainsbury’s

      By dx100uk · Posted

      going nowhere then. well if you've not been simply doing it to look the big cheese to your mates, you need to address why you are doing it. if its to impress your mates then simply stop being an idiot eh? , learn from it and go live your life . dx
    • Mkasd
      Dwf letter Sainsbury’s

      By Mkasd · Posted

      Yes only with dwf. The first letter I received was explaining that I have not responded to the first letter they sent which I did not receive at all  then the second letter came, they said again saying we have not heard from you we are extending this another 14 days but at that point a couple of days before I called them on the phone saying I have received this and supposedly i owe money for stolen goods and that I need to see the breakdown which they then emailed to me dwf said this was what we were trying to send to you at first and I told them we have not received your first letter only one asking for demand of payment. On my second call to them I asked can you list the things that I have supposedly stole to which they replied “we normally have this on file but I can’t seem to find this on your file”   
    • dx100uk
      Dwf letter Sainsbury’s

      By dx100uk · Posted

      oh well, at least your eign of terror is over now. so no contact directly since from/to sainsbury's. everything since has only been with DWF?
    • Mkasd
      Dwf letter Sainsbury’s

      By Mkasd · Posted

      Replying to above  this was on the day that two store detectives approached me and my friend and took us into the back room and spoke to us when they explained they have been watching
    • dx100uk
      Dwf letter Sainsbury’s

      By dx100uk · Posted

      as my learned friend above...and.. sadly because just like DCA's and initially yourself in this case, you believed they have some magical powers ...they DON'T. 85% of people blindly pay DCA's cause they know no better and think they are BAILIFFS. only the RETAILER can ever do court and none have done this on a silly member of joe public that did something stupid since the infamous 2012 Oxford case on retail loss. BAILIFFS can only ever be involved after you've been to court and lost a CCJ, fat chance re above... and anyway, no BAILIFF has any right of forced entry anyway on consumer debts even with a judgement so......... stop panicking and thinking everything that doesn't apply.. forget about them but p'haps a confidential GP visit might be a very good move... what slightly concerns me more here is:  who are 'them' that told you they'd reviewed a week of CCTV and come up with several shoplifting instances over that time amounting to the above? have you directly contacted or had contact from Sainsbury's? and know they HAVE done this? or is this DWF willy waving and they tricked you into  admitting several previous successful thefts... this is not the norm...  dx      

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Landlord taken possession - Farm Business Tenancy - HELP PLEASE

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Boobydoo

Boobydoo

Posted
Posted

Today my Landlord has taken possession of ground that I rent. All my equipment is still there.

 

 

I am late with my rent - I pay six months in advance and I am a good few weeks late with my payment, but it was paid into their account yesterday.

 

 

I have been to see them and they have said they still need to take possession, but will give me a decision on Monday as to if I can stay or not.

 

 

My lease is a Fixed Term Farm Business Tenancy and it's for three years, I am a year into the lease.

 

 

Please people, is there anything I can do if they turn round and say I cannot have possession back?

 

 

Please don't read and run - I'm really upset and any kind of help or advice would be most welcome right now.

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Lea_HTH

Lea_HTH

Posted
Posted

If you have an FBT, then you have a two month period during which you may pay the rent after it is due. Thereafter the LL can serve notice on you, and if rent remains unpaid at the end of the period (four months after the date on which it was due), then a notice to quit will be served on you.

 

Unless you have failed to pay rent previously during your two month grace period (at least twice) and notices to pay have been served, you will only be given two months, not four in which to pay up before the notice to quit is served.

 

They can't just take possession.

 

Ignore the above, it's for pre-95 tenancies.

 

For your type of tenancy it is slightly different.

 

They can charge admin charges on late rent, plus interest.

 

If you fail to pay within two calender months a formal notice to quit will be served, which gives at least 12 months notice - or a not less than 2 month notice of forfeiture.

 

They still can't take possession just like that - but you have less time than under a 1986 tenancy.

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Boobydoo

Boobydoo

Posted
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Posted

Thank you Lea-HTH

 

 

I've still heard nothing. I was promised a phone call at 10am today. I have chased via email and phone.

 

 

Over the weekend I have been through the lease and it states that they only have to give a months notice. Is it still the case that they should give two months?

I pay six months in advance. They have my current rent and haven't sent it back (which is six months in advance).

 

 

I was so upset, but now I'm just angry that they are playing God. Can I get a bit more serious with them? I have taken a photo of the board that went up stating the property was up for rent (before they took possession) and the lock that they have put onto the shop.

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raydetinu

raydetinu

Posted
Posted

This may help:

https://www.gov.uk/agricultural-tenancies

 

 

It would seem common sense that they cannot take land back if you are current with the rent?

They may well be able to serve notice, but that has to be at least 12 months.

Also only a court can grant eviction!

 

 

defo. sounds illegal to me; you may need to get a solicitor tol ook into it and write to the LL.

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GrumpyToSayTheLeast

GrumpyToSayTheLeast

Posted
Posted

Regardless if you have paid your rent, I would imagine that if you have missed your payment by 21days, then they can forfeit your lease regardless of if you paid yesterday. Most commercial tenancies work this way but it should all be written within the agreement.

 

Did you live within the farm or was it just purely a farming/commercial tenancy?

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GrumpyToSayTheLeast

GrumpyToSayTheLeast

Posted
Posted
Only a court can evict!!

I assume the landlord took possession under terms in the commercial tenancy agreement. This is a forfeiture and is done without court order, the same as commercial rent arrears recovery.

 

Eviction of persons can only be done with a court warrant, but forfeiture(or the peaceful re-entry to forfeit a lease) does not need one.

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Lea_HTH

Lea_HTH

Posted
Posted
Regardless if you have paid your rent, I would imagine that if you have missed your payment by 21days, then they can forfeit your lease regardless of if you paid yesterday. Most commercial tenancies work this way but it should all be written within the agreement.

 

It's not a 'commercial tenancy' it's a Farm Business Tenancy which comes under specific legislation, and FBTs are specifically excluded from the LTA so tenants of FBTs are not 'commercial' tenants. Therefore Raydetinu is correct in this case, only the court can grant possession and thereafter evict.

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