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charge on property

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hi.

im trying to help my son in law.

 

now the landlord took him to court for £10.000 for the rent and energy bills.

when the court hearing came the judge told them to agree the matter out of court.

the matter was agreed and the money will be paid within 12 months which was agreed by both parties.

 

but the problem arise when he tried to remove his machinery from the premises he wouldn't let him take it.

and now he wants 9 months rent [ £9000] while his machinery was left there on top of the the money he already owed.

but he never said anything about the rent at the time when he left the premises

he said he will remove it when ever he needs the space.

the landlord agreed at the time.

 

the premises is still empty.

bottom line is he hasn't got a job and worried what will happen as he cant pay him anything as he cant open another business without his machines again.

 

can the landlord take charge on his property and make him sell it to get the money.

 

appreciated for all the help.

Edited by dx100uk
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sorry if i have posted in wrong place but, can somebody advice me please.

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Hi.

 

I'm sorry you haven't had any replies yet. I've flagged your thread to the site team in case someone can help.

 

HB


Illegitimi non carborundum

 

 

 

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moved to general legal forum.

 

can you explain a wee bit more about this 'charge'

its not been agreed by the court so I cant see how he can enforce anything without it going back to court?

and make it legally binding


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Has any payments been made since the informal agreement?

 

If not it may be considered he his holding his machinery as security.

 

Does he no longer have access to the property? He really should have moved it when he vacated.

 

Andy


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thanks for reply. no he has not paid any money yet, it was agreed to pay back by end of 2018. the machinery was left at good will. but can he charge £9000 on top of £10000. he already owes.

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So he expected to be there rentfree?


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the agreement was signed by my son inlaw was out of court and the papers was send back to court. he was working on another premises to get the shop ready and when it was ready this problem arise. if it does go to court can he say the machinery will cover most of his dept.

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thats what he thought at the time as there was no rent discussed.the landlord agreed at the time to leave the machinery there until somebody occupied.

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So it was a Tomlin/consent order?

As it had to go back to the court?

 

Nothing about storage charges or future rent?-


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yes it was tomlin order. nothing about the storage charge.

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Can't add anything to that no


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ill get more information from him and get back to you. dx100uk.

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So the rent agreement has ended?


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as it stands yes. he wont release it unless he pays extra £9000.

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well obv there was a 'contract' else they'd have been no court case to defend

so is this contract still active?

 

the case was for arrears I assume, only and the contract is still running?

 

bit confused here that your son thinks he can leave stuff in a rented business establishment, and not have to pay for it...


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when he closed his businesses he handed the keys to landlord with mutual agreement and the contract was terminated as it was for 12 months get out clause, at the time the landlord agreed for the machinery to be left there without any agreement or any rent mentioned. if the rent was agreed or he wanted the rent then why wait for 10 months and not say anything up to now.

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