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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a business premises that i rent from my landlord. Due

Customer Question

I have a business premises that i rent from my landlord. Due to the poor business climate i have ran into arrears. we agreed on a payment plan. But i have missed some payment since. last month though i did pay rent and the amount on the plan. 3 days ago i woke up in the morning to find shop locked up by some bailiff who had never gotten in touch with me. I have not received any correspondence either from my landlord regarding their next step or a reminder of non-payment of rent. I have called my landlord yesterday and they said they directed the bailiff to seized the shop and they are refusing to return the key or enter into any negotiation with me. What are my remedies in law?
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 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 :

Does the lease allow for re-entry for rent arrears? Just to be clear you are also in arrears with the repayment plan, ie not all payments are up to date?

JACUSTOMER-4rrwm9uw- :

yes to both questions

Alex Watts :

Ok - that obviously causes some difficulty for you

Alex Watts :

You need to complete form N5a

Alex Watts :

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

Alex Watts :

Submit this to the County Court

Alex Watts :

The Court will then list the matter for a hearing and decide whether to grant you relief

Alex Watts :

But you need to show some realistic payment proposals and stick to them

Alex Watts :

But you can apply to the Court for relief

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-4rrwm9uw- :

What relief are you talking about.

Alex Watts :

Relief from forfeiture which is what has happened.

Alex Watts :

Does that help?

JACUSTOMER-4rrwm9uw- :

yes.

Alex Watts :

Great. If I could invite you to rate my answer before you leave

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

JACUSTOMER-4rrwm9uw- :

i will come back to you.

Alex Watts : Ok. Please so remember to rate so the site credits me for the time spent.
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’.

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