Commercial landlord changed locks keeping my stock no notice issued

[Wirral79]

I was 23 days late with rent on a small commercial shop and the landlord changed locks and is trying to sell my goods inside .

 

He did no give me any notice and has not served me with any sort of eviction notice

 

What are my rights ?

 

Thanks in advance

[ploddertom]

You have very few rights unfortunately and he could have done this even if you were only 1 day late. Have you tried speaking with him?

[Wirral79]

Yes I have talked to him an unless I pay ( which I can't ) he will open up the shop and sell my stock himself .

 

 

Surly I have rights

 

Here

 

http://www.landlordzone.co.uk/forums/showthread.php?41038-Tenant-is-and-has-been-late-to-pay-rent-I-want-shop-back

[ploddertom]

What does your lease say?

[Wirral79]

What does your lease say?

 

Never signed a lease more of a very short drafted agreement saying that I will be renting number bla bla of bla bla street on a rolling monthly rent aggremnt with 1 months rent paid in advance and then on the 1st of every month

 

That's it .

 

I was 23 days late with rent when he changed the Locks which I knew nothing about and now says he will sell all my stuff an he has also added £45 on the bill for the change of locks .

 

He did not use a baliff or issue me with any notice befor he changed the locks .

[Wirral79]

Also

 

Dec 1st is when the rent was due

 

Dec 23rd is when locks were changed

 

Since the 23rd dec I have had no access to shop yet the landlord want me to keep paying the rent and is expecting the whole of January's rent which he has added to the money he says I owe him .

 

I fully except that I owe him rent but I can't see how he can keep charging me rent for the whole of this month (jan) when I have not even got access to the shop !

 

Cheers for the replys so far

[GrumpyToSayTheLeast]

He cant, by law keep your items as he has no order to seize and sell your belongings.

You may have to take him to small claims for the money owed for those those.

 

He cannot charge continued rent as he has forfeited the lease, so there is no agreement in place.

 

You need to put it on writing that you need to get your stuff back, however, if you have not already done it, he may have won. I'm led to believe that he only has to allow 14 days and then the goods are classed as abandoned and he can do with them what he wishes. Either by selling to recoup, or destroying to make space.

I'm sure someone else will be along to advise though as I may be wrong.

[AndyOrch]

April 2009 I’ve heard that a landlord can change the locks of my business premises if I am late paying the rent, is this true?

 

In short, yes. The powers of a commercial landlord to deal with non-payment of rent are far-reaching. Forfeiture is the procedure by which a landlord can terminate a lease and virtually all commercial leases will have a clause allowing the landlord to terminate the lease if the rent is unpaid for a specified number of days, usually somewhere between 14 -28. Unlike their residential brethren, commercial landlords do not need a court order to retake possession of leased property if their right to forfeit the lease has arisen because of late payment of rent. Landlords also have the right to send bailiffs in to seize the tenant’s goods and sell them if the rent is unpaid, but legislation will soon come into force to restrict this right.

 

Regards

 

Andy

[Wirral79]

He cant, by law keep your items as he has no order to seize and sell your belongings.

You may have to take him to small claims for the money owed for those those.

 

He cannot charge continued rent as he has forfeited the lease, so there is no agreement in place.

 

You need to put it on writing that you need to get your stuff back, however, if you have not already done it, he may have won. I'm led to believe that he only has to allow 14 days and then the goods are classed as abandoned and he can do with them what he wishes. Either by selling to recoup, or destroying to make space.

I'm sure someone else will be along to advise though as I may be wrong.

 

Thanks for the reply

 

I have on a number of occasions sent the landlord text MSG state ing he can't see or hold my goods without doing it the legal way but he keeps being funny with me , latest txt MSG he wants me to reopen the shop under his supervision and sell goods to the public , my cistomer base was online and the whole reason I fell behind on rent is PayPal locking money up for 180 putting me in the crap .