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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hello. I have 2 small shed/workshops at back of my garden

Customer Question

Hello.
I have 2 small shed/workshops at back of my garden which have rear access.
I currently rent both out. Income of which is my sole income at present.
One of the tennants who has been there for 18months is always late paying.
We have no written agreement. No deposit. Just a verbal agreement of 7 days to vacate which is written on each invoice to him.
He pays in arrears £280 month.
On 10th March 2014 I gave him a polite notice to vacate by 27th March. He was not very happy more or less telling me where to go and if i touched his stuff he would touch mine...
He got quite agressive which led me to get a solicitors letter sent to him too.
...
We act for Mr Gregory H

We are instructed that an incident occurred on 11th March when our client visited your house to give you a "polite notice" to vacate the workshop, namely when our client drove off you swung a long piece of wood narrowly missing his car.

Given your aggressive behaviour towards our client we write to formally give you notice to vacate the workshop by 27th March 2014.

Our client wrote to you last year regarding your incomplete and late payments, and despite agreeing to pay online direct to his account you have not done so and have caused our client to incur late payment penalties which is unexceptable.

You are required to remove from the workshop all your items including all the scrap items you have left dumped outside without permission by 27th March 2014 and if you do not they will be disposed of by contractors and you will be liable for thier costs.

Please note any attempt by you or anyone acting on your behalf to access the grounds of ****** in order to access the workshop after 27th March 2014 will be a trespass and our client will call the police.

Please confirm you will vacate the workshop and settle the outstanding amount owed for use of the shed/workshop.

Yours faithfully
****
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 :

I assume you want the tenant out?

Alex Watts :

Just to confirm this is commercial and not a dwelling in any way?

JACUSTOMER-j9f1fjw6- :

Hello. Yes I want him out. Its commercial for me as its my income as self employed. Is not a dwelling in any way.

JACUSTOMER-j9f1fjw6- :

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.

Alex Watts :

Ok - what you need to do is as soon as the date comes instruct a certified bailiff

Alex Watts :

They can evict for you.

Alex Watts :

Because this is commercial you dont need a Court Order

Alex Watts :

In fact day 1 when he was in arrears you could have gained entry

Alex Watts :

So in short arrange for a certified bailiff to take possession if there are arrears

Alex Watts :

There are a lot of you google them

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-j9f1fjw6- :

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 :(

JACUSTOMER-j9f1fjw6- :

Thankyou for what you have written. it appears all so simple :)

JACUSTOMER-j9f1fjw6- :

But

JACUSTOMER-j9f1fjw6- :

He never locks the workshop. access isnt a problem.

JACUSTOMER-j9f1fjw6- :

What can i do with the stuff inside?

Alex Watts :

Inside you can take possession.

Alex Watts :

You then write to him and give 28 days to move it or you will sell it

Alex Watts :

This is called bailment

Alex Watts :

Once you sell it you can apply any proceedings to the arrears

Alex Watts :

A bailiff should take possession though and then change the locks / board it up

Alex Watts :

Can I clarify anything else?

JACUSTOMER-j9f1fjw6- :

I need it shed empty though.

Alex Watts :

Yes you do.

Alex Watts :

The items will need to be stored temporarily.

JACUSTOMER-j9f1fjw6- :

would the bailiff people take away the stuff?

Alex Watts :

Probably not - just secure the property

JACUSTOMER-j9f1fjw6- :

am I allowed to deposit the stuff to his address? I just want it gone really

Alex Watts :

You can if you give notice

JACUSTOMER-j9f1fjw6- :

how much notice would i need to give him?

Alex Watts :

7 days

JACUSTOMER-j9f1fjw6- :

he has more than enough space at his adress

JACUSTOMER-j9f1fjw6- :

ok

Alex Watts :

Yes I can imagine

Alex Watts :

Can I clarify anything else?

JACUSTOMER-j9f1fjw6- :

Not right now. I am happy with what you have said. Can see the light..... :)

JACUSTOMER-j9f1fjw6- :

Just need to find how to print it off :)

Alex Watts :

Once you rate the format changes and you can copy and paste

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/

JACUSTOMER-j9f1fjw6- :

Just one more thing please.

JACUSTOMER-j9f1fjw6- :

Ref 7 days notice for depositing his stuff....

JACUSTOMER-j9f1fjw6- :

Would I have to wait until the 27th March to give notice

JACUSTOMER-j9f1fjw6- :

or

JACUSTOMER-j9f1fjw6- :

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?

Alex Watts :

Yes you can give notice sooner if you wish but that may give him the heads up of course

JACUSTOMER-j9f1fjw6- :

not sure what you mean..."give him the heads up"?

Alex Watts :

If you give notice now, does that indicate you are going to be moving his stuff and he might dig in?

JACUSTOMER-j9f1fjw6- :

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

Alex Watts :

Yes that is fine.

Alex Watts :

Does that assist?

JACUSTOMER-j9f1fjw6- :

Ok. Thankyou.

Alex Watts :

All the best - please remember to leave feedback before you go today

JACUSTOMER-j9f1fjw6- :

hello

JACUSTOMER-j9f1fjw6- :

The local solicitor that sent the formal letter for me.... also mentioned....

JACUSTOMER-j9f1fjw6- :

I cannot just kick him out because... although there is no written agreement he will then automatically have a rolling license.

JACUSTOMER-j9f1fjw6- :

Could you elaborate on that please. And does it apply here?

Alex Watts : It does, but you have given notice to quit. Therefore the licence can be ended at any time with notice, in any event he is in breach of the agreement by being in arrears.
JACUSTOMER-j9f1fjw6- :

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?

Alex Watts : Is not an offence, it's a civil matter. Don't worry.
JACUSTOMER-j9f1fjw6- :

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.

JACUSTOMER-j9f1fjw6- :

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.

Alex Watts :

You have evicted him from the site and you are returning his property.

Alex Watts :

That is all you need to say.

Alex Watts :

Or you just give notice you will dispose of it and then do so.

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/

JACUSTOMER-j9f1fjw6- :

Hello. Thankyou for your answers. I will leave good feedback once i have carried out/completed the actions successfully

Alex Watts :

I wish you all the best

JACUSTOMER-j9f1fjw6- :

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!

Alex Watts :

Yes indeed.

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