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Agreement in terms of what?
I had a lease for the office
Yes it says that they have the right to enter
Its bad news I am afraid. In this case they can.
What you need to do is apply to the Court to allow you to re-enter and get your belongings.
You need to complete form N5A
The court will list the matter for hearing and decide whether to allow you to gain possession to get your belongings.
But that is how you can do this - get a Court order
Can I clarify anything for you about this today please?
My understanding is this
Some landlords change the locks on business premises, which ends the lease, and then refuse you access to the property
to remove your goods. This is illegal because once the lease is forfeited, the lease ends and the landlord can no longer
use commercial rent arrears recovery. This applies even for rent arrears from before forfeiture action was taken.
Therefore, the landlord must allow you access to the premises to remove goods and equipment.
Is that not correct?
But you must get a Court order to seek relief OR to get an order to allow you to remove your goods.
Does that clarify?
Even though he is technically holding my goods illegally?
It states he MUST allow me to gain access to get my goods, if he does not do this then surely he is breaking the law?
Yes but if he refuses then you NEED a court order.
Its not illegal, its a contractual dispute.
Therefore the Police sadly wont do anything
I am sorry but you do need a Court order
Ok, so can you please advise how I go about this and what the costs could be?Also ultimatley what happens to the contents if I don't?And in terms of data and client files I have in there, these have no financial value to anyone but the client, these are more important that the actual hardware, does he have to return these or would they be destroyed as they are irreplacable.
How to go about this - you need to complete the form I suggested above. N5a
The Court will list the matter for a hearing.
They can't destroy anything as they are currently holding them on bailment, which means they have to take care of it
That form is for relief from forfeiture so the lease can continue, forfeiture has completed and the lease has been terminated.
Well not really, if you want to keep the lease ended you use form N1
If you want to continue to trade its N5a
The bailiffs has informed me that the lease has been terminated and to continue I would have to enter into a new lease which I do not want to do.The form above N1 is the court order form I need to gain access to the building to retrieve my possessions?
Yes its form N1
Its a Part 7 claim form
OK, this form N1 can I complete it myself or do I require a solicitor to do it on my behalf?
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