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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 dispute with my landlord over an office space that

Resolved Question:

I have a dispute with my landlord over an office space that I rented, the period before Christmas I defaulted on my rent, since then he instigated the bailiffs that issued a forfeiture notice and changed the locks on the unit, the two week period has now passed and the landlord refuses me to entry to remove my possessions, he states that until I pay in full I cannot have the contents which I believe is illegal due to the actions of the bailiffs and the termination of my lease, I am not denying money is owed and I’m willing to come to a repayment arrangement, but I still need the contents immediately, where do I stand with this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether you have a written agreement with the landlord?
Customer:

Agreement in terms of what?

Customer:

I had a lease for the office

Alex Watts : Ok. The lease for office does it say they can re-enter if late?
Customer:

Yes it says that they have the right to enter

Alex Watts :

Its bad news I am afraid. In this case they can.

Alex Watts :

What you need to do is apply to the Court to allow you to re-enter and get your belongings.

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 list the matter for hearing and decide whether to allow you to gain possession to get your belongings.

Alex Watts :

But that is how you can do this - get a Court order

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

My understanding is this

Customer:

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.

Customer:

Is that not correct?

Alex Watts :

Correct.

Alex Watts :

But you must get a Court order to seek relief OR to get an order to allow you to remove your goods.

Alex Watts :

Does that clarify?

Customer:

Even though he is technically holding my goods illegally?

Customer:

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?

Alex Watts :

Yes but if he refuses then you NEED a court order.

Alex Watts :

Its not illegal, its a contractual dispute.

Alex Watts :

Therefore the Police sadly wont do anything

Alex Watts :

I am sorry but you do need a Court order

Customer:

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.

Alex Watts :

How to go about this - you need to complete the form I suggested above. N5a

Alex Watts :

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

Alex Watts :

The Court will list the matter for a hearing.

Alex Watts :

They can't destroy anything as they are currently holding them on bailment, which means they have to take care of it

Alex Watts :

Does that clarify?

Customer:

That form is for relief from forfeiture so the lease can continue, forfeiture has completed and the lease has been terminated.

Alex Watts :

Well not really, if you want to keep the lease ended you use form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

If you want to continue to trade its N5a

Alex Watts :

Does that clarify?

Customer:

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?

Alex Watts :

Yes its form N1

Alex Watts :

Its a Part 7 claim form

Alex Watts :

Does that clarify?

Customer:

OK, this form N1 can I complete it myself or do I require a solicitor to do it on my behalf?

Alex Watts : You can do it if you wish. That is fine.
Alex Watts : Does that help?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Thank you for the help

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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