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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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if I the owner am owed rent for a restaurant and take peaceful

Resolved Question:

if I the owner am owed rent for a restaurant and take peaceful repossession after serving ejectment proceedings and I have a new tenant in place and the previous tenant breaks back in are the guards obliged to remove the tenant as he is trespassing
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you instructed certified bailiffs? Who do you mean the 'guards' please?

Alex Watts : .
Customer:

have not instructed bailiffs, I intend taking peaceful repossession when their lease runs out in five weeks, I have served ejectments' proceedings, guards I mean the police,

Expert:  Ash replied 3 years ago.
Are the guards obliged to remove the tenant - no.
This is because they are not the Police, they are under no duty to remove.
What you need is a Court Order preventing them returning. You need an injunction and to complete forms N1
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
And N16a
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court can then consider whether to make an injunction. If you have evicted and they try and re-enter then you can inform the Police as this is Criminal Damage.
Can I clarify anything for you about this today please?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

hi, Alex, just getting time to come back to you now, thank you for your answer so far, just to clarify my query, I have a tenant of 17 years in my restaurant who is 40,000 in arrears, I have served ejectment proceedings on him in the circuit court but am still waiting on a date for a hearing, in the meantime his lease expires on 2 sept, I intend to take peaceful repossession and change the locks the next day, how do you think the courts will view this if he sues me for loss of profits later, as his lease has expired do you think am safe to take peaceful repossion, or should I be waiting on the court to rule on the ejectment proceedings, thanking you,

Expert:  Ash replied 3 years ago.
Thats fine if you have given notice, as long as you use a certified bailiff you will be fine.
Alex
Ash and 2 other Law Specialists are ready to help you