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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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Hi i think I choose it correct tab for property law. here

Resolved Question:

Hi i think I choose it correct tab for property law.
here is my case.
Since 2009 I was leasing commercial property but last year in November I fall in arrears due to health problems in January I contacted Landlord regrading this case and state to him that I will clear out payments soon as I start recovering in business Landlord agreed with that. In march I payed settlement plus one month rent forward till end of April this year. and that was 18 th of march exactly but on 21 of April i received phone call from landlord that property i was renting has been repossessed from my premisses and need to give keys back asap as someone moved in all ready and That I must take my Van away without delay. also I was told that they resigned my electricity supplier and to do that they opened my private and confidential letter without asking me for permission and actually resigned to new person. Things I have concerns is that i never had official note that they forfeiture my premisses never had time frame to take my belongings, one of landlord workers enter it not a bailiff and also never had an offer to pay back overpaid rent is it breaking the law
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience I will try to help you with this. Can you just tell me is there a written tenancy agreement. If so, what does it say about the landlord's right to forfeit the lease? Also can you just describe what the premises are used for and what sort of property it is. Is there any residential element to the lease?

Customer:

Yes i do have lease agreement and it is only stating when payment need to be made wich is on 1st of each month there is no lease term as it is one month rolling contract it also stating that im responsible for domestic bills (whitch are payd up to date) but nothing about right to forfeit lease and time delay allowed to pay the rent. Premisses is a free standing building not connected to any residential building and it is situated on industrial estate and it is used as mechanical workshop and storage

LondonlawyerJ :

Thankyou for that. I am in court this morning but will get back to you later today.

LondonlawyerJ :

So you have a written tenancy for commercial premises. It is something of a basic agreement from the sounds of it and does not have a clause enabling the landlord to forfeit the lease. You fell into arrears but have made good the shortfall and you did this with the agreement and knowledge of the landlord. The landlord has taken back the property on 21st March I think (your questin states 21st April)


The landlord has not right to simply terminate your tenancy in this way and has acted illegally.


I assume that the landlord has not obtained a court order and as simoy taken the property back without any notice to you.


If you have suffered losses as a result of this you will be entitled to bring an action seeking compensation. Have you suffered losses, and if so, how much? The level of loss is relevant to the best way of recovering it.


In some more serious circumstances you might even be able to obtain an injunction requiring the landlord to let you back into your premises. This would be very expensive to achieve however.


What to do depends on what you want. If you want the premises back you could threaten an injunction but unless you have a lot of money to throw at the problem this would be an empty threat.


If you do not want to get back in you might think the best way forward is to get all your belongings away from the premises and then to ask the landlord to return you overpaid rent and any consequential costs you have incurred.


If he refuses then you may want to take action to recover the losses he has caused you through his unlawful acts.


I hope this answer is helpful but please feel free to call me with information about level of loss or with any other questions.

LondonlawyerJ and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Ok have allmost innformation i want but one more question how to calculate loss obviously i can not trade any more so no earning a money overpaid the rent, dont know what to do with that open letter can you help me with that and the case closed. Actually im not fancy goig back to that unit as i wont be confident in there anymore thanks.