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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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HI ITS TONY FROM ARH TRANSPORT HERE I WOULD LIKE A BIT OF ADVICE

Customer Question

HI ITS TONY FROM ARH TRANSPORT HERE I WOULD LIKE A BIT OF ADVICE PLEASE . I OPERATE A TRUCK FROM A YARD NEAR LEEDS AND HAVE A LOT OF VALUBLE WELDERS AND GARAGE TOOLS INSIDE THE GARAGE ,I HAVE FOUND OUT THAT OVER THE HOLIDAYS THE LEASE HOLDER HAS NOT BEN PAYING THE RENT AND THE OWNERS HAVE PUT SECURITY MEASURES IN PLACE TO STOP ANY BODY TAKING TRUCKS OUT OR GAINING ACCESS TO THE PREMISES . DO THESE PEOPLE HAVE ANY LEGAL RIGHT TO MY EQUIPTMENT AND CAN I MOVE IT ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
They are holding a lien over these items probably so reporting it is not going to achieve much long term except possibly that the police may speak to him and he could give in.
However, if you are saying that the defaulter is the lease holder and these items are owned by you then the owners do not have the right to withhold your property. They will probably not accept that it is your property though and refuse to release it on that basis.
If you rent from the lease holder and he rents from the owner though then they cannot keep your goods in a lien to force the leaseholder to pay. They do not have to allow you back onto the property but should return the goods to you.
You may have to go to court to establish that though. They probably will not accept the goods belong to you.
You could get a solicitor to write to them for about £100 plus VAT with proof of ownership. That might resolve it.
Failing that you would need to seek an injunction at court.
Sorry if that is bad news.
Can I clarify anything for you?
Jo