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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hi. I need an advice with regards XXXXX XXXXX rent for industrial

Customer Question

Hi. I need an advice with regards XXXXX XXXXX rent for industrial unit and bailiffs action which was already taken. Industrial unit is registered for company but all machinery are privately owned by me (still on lease agreement, paid more than a half of the value, payment always on time). There was as well my subcontractors tools stored in the office, one machine that is owned by my friend that I agreed to store for him for 2 weeks as he did not have a space, goods that belongs to my spouse company as she is currently not trading as we had a new born baby. Bailiffs has entered unit during the late evening or night time and has changed the locks. We have ongoing projects and no money to pay the outstanding balance. The next payment will be possible once we will be able to finish the work and complete the installation for the client.What is the law regulation, are they able to distress levy the machinery and subcontractors tools on that stage. Please advice. People who we employed are not even able to work somewhere else as they do not have their tools available.
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Do you have a specific question?
Customer: replied 4 years ago.

What is the law regulation, are they able to distress levy the machinery and subcontractors tools on that stage. What is going to happen if we break into the units and remove whatever is owned by us and subcontractors?

Expert:  Stuart J replied 4 years ago.


If
you break into the unit, it is criminal damage and you are liable to be
arrested.

Are
you saying that these goods and the machinery and tools left in the unit do not
belong to the company that rents the unit? Do you have proof that they are
owned by other people?



Have
you now paid the rent up to date?



Why
not?



Will
the landlord negotiate?

Customer: replied 4 years ago.

Hi


 


I'm the one and only company Director. I have a couple of tools of trade private ( which probably cannot be levy ) and joinery machinery taken as a private person under the purchase lease agreement ( in my private name ).


 


Yes subcontractors have invoices for their tools and also they are stored in designated joinery bench for each subcontractor.


 


No we haven't paid rent. We propose agreement on friday that we can pay £6k after two weeks and remaining £10k end of february. November, December and January was a dead season and all new confirmed projects are coming from beginning of february. No reply since friday with regards XXXXX XXXXX from management company.


 


We are afraid about 5 day period before they can sell goods in unit ( many belong to Clients, friends and subcontractors ).


 


 

Expert:  Stuart J replied 4 years ago.
This is moving out of my expertise so I will opt out for another expert
Customer: replied 4 years ago.

Is this is moving to another expert from your website who can deal with this matter?

Expert:  Stuart J replied 4 years ago.

The question is now open to all experts and one with the necessary expertise will pick it up

Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

I see the expert has opted out.

Arrears on commercial unit.

Goods belonging to others in there.

Is that right? And what is it you would like to know from me today?
Customer: replied 4 years ago.

I'm the one and only company Director. I have a couple of tools of trade private ( which probably cannot be levy ) and joinery machinery taken as a private person under the purchase lease agreement ( in my private name ).


 


 


 


Yes subcontractors have invoices for their tools and also they are stored in designated joinery bench for each subcontractor.


 


 


 


No we haven't paid rent. We propose agreement on friday that we can pay £6k after two weeks and remaining £10k end of february. November, December and January was a dead season and all new confirmed projects are coming from beginning of february. No reply since friday with regards to agreeement from management company.


 


 


 


We are afraid about 5 day period before they can sell goods in unit ( many belong to Clients, friends and subcontractors ).


 

Expert:  UK-Justice replied 4 years ago.
Thanks. And what is your question of me today?
Customer: replied 4 years ago.

Can the landlord/management agent/bailiff keep private purchase hire equipment in the unit ( belongs to lease company taken under private name ) locked against our will and also can he keep private and subcontractor goods. If yes how long and how we can fight with that?

Expert:  UK-Justice replied 4 years ago.
He can seize it yes.

But you have 14 days to provide evidence that it does not belong to you.

The owners can come forward.

But as you can imagine a lot of bailiffs get 'this isnt mine.'

But in law you have 14 days to show that it is not yours - this will require evidence.

So yes the bailiff can seize this.

I am sorry if this is not the answer you are looking for but based on what you have said, this is the legal position.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 4 years ago.

14 days is incorrect. after 5 days he can begin to put items on auction or sale them directly. I can write a request to extend it by 15 days but it's only granted by landlord so he don't have to wait. tomorrow 5 days period is passing.


 

Expert:  UK-Justice replied 4 years ago.
Normally it is 14 days before they actually do anything.

You can write and ask that it be extended.

If they refuse then you can apply to the Court to suspend any further enforcement action.

The court can stop any sale for a further 14 days giving you time to provide the evidence.

You would need to complete form N16a and Form N1.

I hope this helps.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.