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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a per shop licence issiued by Surrey Heath Borough Council

Customer Question

I have a per shop licence issiued by Surrey Heath Borough Council and a licence with Cefas.The land lord changed the locks on the 15th April and refused access to the fish,He claims we donr have a lease as he didn't sign it. Im told last night that one of the sharks has died and the other 4 are looking sick.

The RSPCA visited the site and suggested I hand them over to them. They will then be sold. they are worth around £10,000

There is a breeding pair and the only ones in Europe. Im hope its not one of them that's died.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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 : Why did the landlord take possession please?
Customer:

We have been in the premises since 7th December 2011 we signed a licence so that we could take possetion. During that time we have had numerous problems with the lease it was signed but he claims he didn't sign it. He sent me an e mail saying he had some one else who was prepared to pay more money and wanted £10 000 a year more rent. When we said no he claimed we owed him £4000 in rent. Received a letter from his solicitor on Saturday 12th April stating the locks would be changed on the 15th April and he would dispose of our property £70 000 We have not been able to get in to the building since. My concern is the fish.

Alex Watts : Yes, what was the basis of possession? Rent arrears?
Customer:

Yes but when I asked him to produce evidence he said he didn't have to. We have checked our records and there was £720 owed but there are issues like his builder fell of the ladder smashing our tanks. A fire in the fish room because of the electrics which cost £1200 for an electrician. Ee estimate about £6000

Alex Watts : But did you ever put in a claim for set off? Does your lease allow set off please?
Customer:

The land lord claims there is no lease because he never signed his copy/ There was a licence dated 7th December 2011 which he claims is still valid.

Alex Watts : Was the lease ever assigned to you?
Customer:

No the lease was in the name of the company ultimate aquarium company ltd and signed by the director. Land lord claimshe didn't exchange contracts and there fore not valid. My concern is the live fish on the premises whichare dying because they need specialist care.

Alex Watts :

Almost there - what is it you want to achieve please?

Customer:

We need to enter the premises to check on the state of the remaining fish. It will take at least a month to get them relocated its a huge aquarium we have already lost a £20,000 contract with Manchester university. There's £70,000 of goods and equipment on the premises

Alex Watts :

You need to apply to the Court for relief

Alex Watts :

You need to complete form N5a

Alex Watts :

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

Alex Watts :

The Court will then list the matter for a hearing and decide whether to allow you back in

Alex Watts :

But this is what you need to do.

Alex Watts :

Then you can decide whether you want to make a claim against the Landlord.

Alex Watts :

But you need to ask the Court for an urgent listing based on the fact there are livestock there and explain the situation

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ill get on and do that today

Alex Watts :

Great. Please remember to leave feedback before you go today

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I have just discovered that the company that owns the unit Thames side Construction ltd and pay the rent to Dagnall Storage ltd are not registered with company house


 


Their web site clearly states Thames side construction ltd. the name is available at company house.


 


Peter Newman

Expert:  Ash replied 3 years ago.
I see. This does make it even more interesting.

Alex

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