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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Sorry for the long intro but its needed! When my employer

Customer Question

Sorry for the long intro but it's needed! When my employer decided to retire I had the option of either purchasing the business or been made redundant, as such I came to an agreement that I would purchase the business assets from him for a nominal fee (not a going concern) I registered a new ltd company (with a similar name to the one he traded with) new bank account and new vat number. I approached his landlord and asked for a new lease on the unit he rented (so I could trade from the same address. The landlord told me that he would not issue a new lease until the arrears had been paid even though I was not the same company. He did however take £1000 from me towards December and January's rent. During January he began making threats of eviction even though I had made it clear that my former employer no longer traded from the address and nothing in the unit belonged to him.

This weekend i went to visit family 300 miles away, while I was away and without any notice the landlord has forced entry (cutting off £150 with of locks in the process that I paid for) and evicted me. He has told me that I can have the items from the workshop as he knows I don't owe him the money however he has given me 4 days and only between 9am and 1500 to access the workshop this leaves me with no time to organise anything. He's threatened to take all my belongings (£20k of assets and stock) and throw them in the street if they are still there on Monday. I'm working on site this week for a customer I really can't let down. Another major customer has read the eviction notice on the door of the workshop (which incorrectly bears my name) and pulled all their work from me. I understand that I have to case to stay in the unit as I don't have a lease but can he give me the equivalent of 15 hours to find somewhere else, can he throw my stuff onto the street? I've told him that I will hold him liable for any damages or losses if he does and he says he knows the law and he doesn't care. What options do I have - can I take out an injunction to stop him been so unreasonable?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do you have any lease please?
JACUSTOMER-5jfdfpja- : Hi there my boss had a "tenancy at will" but it was literally very basic. I don't have a lease just a couple of letters and texts saying that I can have a lease once he's paid his money
Alex Watts : Are you behind at all?
JACUSTOMER-5jfdfpja- : I took over from 1st December I gave the landlord £1000 to cover Decembers rent (£650 +vat) and a bit towards January's, in January when he asked for more money I told him that I wanted a lease before I paid anymore money, he told me that the £1000 I had given him had gone towards the arrears on the unit, and that he would not give me a lease until the previous Tennants bill (my boss) was paid. The bill is absolutely not my responsibility, and the £1000 should not have been used in this way
Alex Watts : You can apply to the court for relief.
Alex Watts : You need to complete form N5a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005a-eng.pdf
Alex Watts : The court will list the matter for a hearing.
Alex Watts : But he can certainly not go in and dipose of your goods and equipment. You could also seek an injunction.
Alex Watts : But the first step is to apply to the court for relief.
Alex Watts : A court will list the matter for hearing and decide whether to make an order.
Alex Watts : Can I clarify anything for you about this today please
JACUSTOMER-5jfdfpja- : Yes - what should I write in the particulars of claim section also it refers to the claimant having an interest in a lease - which I don't have?
Alex Watts :

You need to complete what you want to seek, which is the history of the matter and when/how you were locked out.

Alex Watts :

You have an interest in the property yes, but a tenancy at will. You are seeking relief that you be allowed to re-enter

Alex Watts :

Does that help?

JACUSTOMER-5jfdfpja- : If I draft the particulars and paste here are you happy to edit /advise or can I pay you to complete the form?
Alex Watts : I can't compete the form but I can edit.
JACUSTOMER-5jfdfpja- : Ok I'll complete it this eve and post here
Alex Watts :

ok

Alex Watts :

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