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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My church shares a building with another larger church who

Customer Question

My church shares a building with another larger church who own the building.
Our contract with them says what times and which areas of the building we are to use; basically two small rooms which are solely ours and we have the use of the main hall at specified times including Saturday afternoon and Sunday morning.
The contract says it can only be changed by mutual agreement and both churches signed this. The contract also say the large church can terminate our agreement only when there is danger to people or the building, we are insolvent or there is damage to the building. None of these apply.
Now they have repeatedly told us to leave, for the last 6 weeks,. we did not leave, told them we wished to meet with their Trustees and continued our normal programme.
They said their Trustee were abroad and their decision for us to leave the building was full and final as they want to expand their work in the building.
They said they would take legal action but what they did was change the locks last Monday, Feb 17th. They changed the locks, both to the outside entry door and to the short corridor which leads to our rooms. They have let us in during the week for normal activities but have made no arrangement for us to get in for our normal Sunday morning worship service. They have told us verbally they will not ley us in and will pack up our possessions safely to be returned to us.
Given the information above our we correct in thinking we have a legal right to have our service this morning?
Are the breaking the law?
Is there anything we can do to have our service as normal this morning?
The two doors we refer to actually operate on codes and we have asked for the code but they have not replied.
Both churches are registered charities in Scotland but not registered companies.
I look forward to your reply. I will be watching out for it in my email this morning.
Eileen Baxendale for REMI church
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 : Did they seek a court order before changing the locks, or they just changed them?
Alex Watts : In short they have changed the locks breaking the lease agreement, have I understood?
Customer :

No they did not get a Court order.

Customer :

Yes they just broke the agreement without our agreement.

Customer :

Normally when the locks are changed they notify all building users.

Alex Watts : And now they have changed the locks do you have to ask for access?
Customer :

Yes but htey have said we cannot have access any more.

Customer :

We asked for access for this morning at10:45 but no one came to le tus in.Actually it then happened that another building user who knew nothing of our circumstances passed by and let us in. But we have been told we may not go in tomorrow.

Alex Watts :

If they are in breach then you need to apply to Court for relief.

Alex Watts :

You should apply to the Court using form N5a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005a-eng.pdf

Alex Watts :

Or you could use form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

Then the Court would issue the claim

Alex Watts :

You are asking the Court for an Order that you be allowed back access.

Alex Watts :

If they are in breach of the lease and therefore in breach of contract you could sue for loss and damage.

Alex Watts :

But you need to fill out N5a and submit it to Court for relief

Alex Watts :

The matter should be listed for a hearing and a Judge will decide whether to grant possession back

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer :

Sorry for the delay in getting back to you.

Customer :

The links you gave me didn't work.

Customer :

But I eventually tracked down form N5A.

Customer :

I phoned Glasow Sherriff court but htey could not tell me which section dealt with the form.

Customer :

I wonder if this is an English form ?

Customer :

To finish this matter could you please confirm this is a Scottish form and if so which section of which court will deal with it.

Customer :

Thankyou

Customer :

Eileen

Alex Watts :

Forgive me yes, this is the English form.

Alex Watts :

You need to go to the Sheriff's Office and ask for a form to fill out for relief.

Alex Watts :

You can apply for relief under the Law of Property Act 1925

Alex Watts :

Does this help?

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