Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Is there a tenancy agreement or lease for the shop? Does it say to pay rent and not to set off or deduct any payments as a contract clause please?
The first contract Joanne wouldn't sign as it was a domestic contract. The second one was a run of the mill one which the landlord had downloaded from the internet.Jjoanne was not provided with a copy and cannot remember any specific details. I went to the shop this morning to tell our customers arriving at the there of the problem and found that the lock had been changed back to the original. The landlord didn't tell us he had done/was going to do this. Ibelieve his intention is to evict us on 14th.
Sadly if it is the shop that has been locked the Landlord probably has the right. The tenant has no right generally to deduct or offset any payments whatsover and this is a normal clause in the contract.
What your employer needs to do is apply for relief to the Courts asap.
Form N5a needs to be completed: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005a-eng.pdf
This needs to be submitted to the County Court to allow an Order for access back.
The correct way of what your employer should have done was serve notice as to the condition and the cost of repair and if the Landlord refused then issue County Court proceedings.
But your employer needs to do the above asap.
Can I clarify anything for you about this today please?
As my employer is persueing other avenues as we speak, I will tell of your suggestions and see what she says. Thank you.
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