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My Shops Been Repossessed Please Help

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Hi, please I don't know where to start.

 

I took on a 5 year commercial lease in July 2017 & I have paid the rent every month & on time, I'm also one month in front with it.

 

But in July 2018 the rent was due to rise by app £10 per week, which I refused to pay because the landlord didn't address the buildings problems even though I was paying his buildings insurance.

 

I arrived at the shop this morning & the locks had been changed & it had been repossessed.

I hadn't received any correspondence whatsoever regarding this.

 

The landlord had instructed his solicitors to employ bailiffs or sheriffs to do it.

 

Can this be legal?

When I'm a month in front with the rent.

I haven't broken the lease in any other way,

but he has.

Thanks

Edited by dx100uk
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Yes that's the same landlord (sorry the site keeps signing me out) apart from refusing to pay the extra £10 per week since July 2018 in up to date plus a month in front with the rent. And there are no other issues that I'm aware of.

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Cant just change the locks without going through procedure....you should apply to the court for 'relief from forfeiture and takes back possession and claim compensation for losses incurred as a result of wrongful eviction..you have not breached the lease.

 

http://www.warekay.co.uk/news-updates/litigation/2015/how-to-evict-a-commercial-tenant.aspx

 

Andy


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Well after spending the day reading up on the law I'm a little bit more informed, but I need a solicitor so I have an appointment with one tomorrow.

I'll report back afterwards, thank you.

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Hi,

It was a 'forfeiture of lease' due to an outstanding balance of £160 owing in rent.

Where rent is owed the landlord doesn't have to serve notice or get a court order, they simply instruct a bailiff to make 'peaceful entry' and change the locks.

The landlord then takes possession of goods etc inside the premises to secure against the money owed.

 

Its totally legal for a landlord to close a business down even for a small amount of money owed.

You'd think that there would be a minimum ie £1000? But there isn't.

I dont have a leg to stand on even though the building wasn't maintained etc.

 

I'll apply for 'relief from forfeiture' to the court.

It tends to be granted if the tenant remedies the situation which would be rent owed, bailiffs & solicitors fees.

This then, if granted, reinstates the lease.

 

My question now if you can help me is,

now that the lease has been forfeited,

am I still liable to pay the remainder of the rent,

ie the 4 year lease that's left,

as the lease has effectively been terminated.

 

And if relief is granted & the lease restored,

does that mean I will be liable for the remainder of the lease rent.

 

Thanks

Edited by dx100uk
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Okay so there are arrears due to the rent increase which you didn't agree with.....its always risky to withhold rent whether you agree to it or not for what ever reason.

 

With regards to future rent you would have to check your lease and see if that is a term re future rent after termination.

 

Its not normal for the tenant to pay building insurance on a commercial lease...that is normally the responsibility of the Landlord...the tenant normally pays contents insurance...so you may have a little wriggle room in negotiations and getting the lease back in force....providing he addresses your concerns re the building problems.

 

 

Andy


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Thanks Andy,

It's written into my lease that I pay his buildings insurance.

It also says that as a Tenant I'll be exempt from the Landlord & Tenant Act 1954.

It also states asbestos is his responsibility.

 

Could you recommend a fixed fee solicitor please?

It's only a small business so I don't have the funds in the bank & all my assets are in the shop

(wedding dresses etc, some which belong to my customer's not me)

As of this week there's no money coming in.

 

Thanks

Edited by dx100uk
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Thanks Andy,

It's written into my lease that I pay his buildings insurance. Not normal and unfair term

It also says that as a Tenant I'll be exempt from the Landlord & Tenant Act 1954. A tenancy must not be specifically excluded from the 1954 Act. If the 1954 Act does apply, the tenancy will automatically benefit from security of tenure.

It also states asbestos is his responsibility.

 

Could you recommend a fixed fee solicitor please? Afraid not its against Forum Rules....there are plenty out there that will offer a free consultation

It's only a small business so I don't have the funds in the bank & all my assets are in the shop (wedding dresses etc, some which belong to my customer's not me)

As of this week there's no money coming in. Does your insurance offer anything against loss of income ?

Thanks

 

Andy


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