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.
I assume you want the tenant out?
Just to confirm this is commercial and not a dwelling in any way?
Hello. Yes I want him out. Its commercial for me as its my income as self employed. Is not a dwelling in any way.
He took on the workshop as a hobby tinkering with a go-kart etc with his son. but he was sacked from work last year.
Ok - what you need to do is as soon as the date comes instruct a certified bailiff
They can evict for you.
Because this is commercial you dont need a Court Order
In fact day 1 when he was in arrears you could have gained entry
So in short arrange for a certified bailiff to take possession if there are arrears
There are a lot of you google them
Can I clarify anything for you about this today please?
I am worried that as he said. If I touch anything of his he will touch my stuff. I have asked around and it turns out he is not a person to get on the wrong side off :(
Thankyou for what you have written. it appears all so simple :)
He never locks the workshop. access isnt a problem.
What can i do with the stuff inside?
Inside you can take possession.
You then write to him and give 28 days to move it or you will sell it
This is called bailment
Once you sell it you can apply any proceedings to the arrears
A bailiff should take possession though and then change the locks / board it up
Can I clarify anything else?
I need it shed empty though.
Yes you do.
The items will need to be stored temporarily.
would the bailiff people take away the stuff?
Probably not - just secure the property
am I allowed to deposit the stuff to his address? I just want it gone really
You can if you give notice
how much notice would i need to give him?
he has more than enough space at his adress
Yes I can imagine
Not right now. I am happy with what you have said. Can see the light..... :)
Just need to find how to print it off :)
Once you rate the format changes and you can copy and paste
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Just one more thing please.
Ref 7 days notice for depositing his stuff....
Would I have to wait until the 27th March to give notice
Can I do this sooner? ie Can I deposit his stuff at his address on the 28th so long as I gave him notice on or before the 21st?
Yes you can give notice sooner if you wish but that may give him the heads up of course
not sure what you mean..."give him the heads up"?
If you give notice now, does that indicate you are going to be moving his stuff and he might dig in?
we have no issues with access to the workshop, so not worried about that - just wanted to confirm that I was ok to give the 7 days notice sooner rather than later, so that I could act the day after his eviction date
Yes that is fine.
Does that assist?
All the best - please remember to leave feedback before you go today
The local solicitor that sent the formal letter for me.... also mentioned....
I cannot just kick him out because... although there is no written agreement he will then automatically have a rolling license.
Could you elaborate on that please. And does it apply here?
ok. Can you think of anything where I might be doing wrong by depositing his stuff at his address.. I worry that he could call the police and have me arrested for dumping or similar?
What would I say to the PC (probably with handcuffs at the ready) thats says im dumping stuff at the address. Im sure that will be what the Guy will say to the police.
Also. It would be fare to say the Guy is intimidating and he scares me. He shows no care towards my property which is another reason I want him gone.
You have evicted him from the site and you are returning his property.
That is all you need to say.
Or you just give notice you will dispose of it and then do so.
Hello. Thankyou for your answers. I will leave good feedback once i have carried out/completed the actions successfully
I wish you all the best
Update. Day after giving 7 days notice that his stuff will be delivered at his house... he has started cleRing his stuff. Im just waiting till 27th. He hasnt yet cleared all the scrap white goods. Rather a lot!