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Is the solicitor who drafted the lease the best person to deal with the matter as I may have a claim against him in drafting the lease poorly?
Does a clause in the lease saying. "the service charge in accordance with clause 3 (again there is an error in numbering of the lease document), and whenever a sum is overdue the Landlord is entitled to recover it as if it were rent in arrear." entitle me to use the common law remedy of distress for rent to recover this money and send in Bailiffs?
Who is the best qualified person to represent us at the injuction application on Monday morning? specifically I think I mean solicitor or counsel?
The clause allows you to use all normal remedies including forfeiture because the service charge is treated like rent. That is a normal clause. Usually in commercial leases you can simply peacably re-enter. You can only levy distress with a court order.
BUT it needs to be clearly defined what the service charge is and how much and what for. I assume it is defined in clause 3 or at least defined. It comes down to if it is payable.
If there is a dispute over the lease, the solicitor should now tell you to go elsewhere rather than sort his own mess out. That is a conflict of interest. He cannot do the best for you if he is also looking after himself!
Can I help further?
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Your answer is very helpful
So was the Certificated Bailiff correct in entering and seizing goods (Distrain and then to issue a walking possession pending further payment.
I am finding it very hard to understand why the solicitor for the applicant/tenant is saying this clause did not entitle the Bailiff to Distrain and then issue a walking possession. Are you able to enlighten me?
He can only do that if the lease says that he can.
That clause DOES NOT entitle the bailiff to levy distress.
You can probably lock the tenant out (depending on the rest of the lease) but not distrain his goods
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