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Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Goodafternoon, I have a 12year lease on a commercial property.

Customer Question

I have a 12year lease on a commercial property. i fell seriously behind in my rent due to bad business and family problems. Im 9 months behind in rent but have a 6 months rent security deposit with my landlord. he forfieted my lease on the 25th of january, i was not served a notice prior, only rent demands were sent to me. my question is this, i spent over 20 thousand pounds in putting it in its current state as a hair and beauty shop as it was a cards shop for 30 odd years, i have shop fittings and stock that can pay off the out standing 3 months rent, less the 6months deposit. am i not entitled to my stock and fittings? i cant just lose out on everything.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Buachaill replied 1 year ago.
1. Dear Anthonia, you are entitled to your stock and fittings. Just because the lease has been forfeited, this does not give the landlord any entitlement to your property. As you own the stock and the fittings, these still belong to you. Accordingly, you should formally (or get a solicitor) write to the landlord and request access to the premises at an agreed time and date to remove your stock and fittings. Just because the lease has terminated, this gives the landlord no right to keep anything belonging to you. The issue of ending the lease is a separate matter entirely from the issue of who owns what property. So the fittings and stock remains yours even if they are still in the landlord's premises. So you should get these back. So agree on some time to collect the stock and remove the fittings.
Expert:  Buachaill replied 1 year ago.
2. Please Rate the Answer as unless you rate the answer your expert receives no payment for answering your Question.
Customer: replied 1 year ago.
Thank you. Can I write the landlord directly or to his solicitors? What time frame do I havè? The shop has been locked since the 25th of january 2016.
Expert:  Buachaill replied 1 year ago.
3. Dear Anthonia, I would advise you to write directly to the landlord as you need his agreement but copy this letter to his solicitors. In that way, both parties receive a copy of your letter and the appropriate agreement about the time for takings your things can be achieved. Secondly, you should do this as soon as possible, before the things are removed or thrown out. If you delay any longer your position might be prejudiced.
Customer: replied 1 year ago.
I have written to the landlord twice and he's neither acknowledged nor responded to me. I ran into him once and he said his solicitors advised him not to speak with me and that the solicitors would be in contact. It's nearly 3 weeks now and I haven't heard from the solicitors nor my landlord. I'm aware the shop is being viewed by another prospective client, with my things still in the shop. I just want to get what's legally mine. I'm due to travel next week for three weeks, I'm worried about what might happen if I'm not around. How do I stop them throwing my stuff out or confisticating them before I return? Does just answers offer a letter writing service? Even if it's just a draft, so that I can re write it and send it off.Thanks
Expert:  Buachaill replied 1 year ago.
4. I would advise you to ring both the solicitors and the landlord if they are not responding to your letters. Get some agreement as to when you can come and take away your things. YOu should aim to get the issue resolved before you are away for three weeks as there is a greater possibility of something adverse happening the longer you leave it. The reality is that once a prospective tenants indicates a willingness to rent the place, there will be a big move on to get rid of your stuff. Secondly, JustAnswer is a Question & Answer forum. Letter writing is not really part of what we do. I would advise you to get help from a Citizens Advice Bureau or hire a solicitor to write a letter on your behalf.
Customer: replied 1 year ago.
Hello, how do I rate your responses? Also one other question, I contacted a solicitor and he said the landlord has a right to hold on to my property as guarantee since there's money owed and he needs to get that off ne. I'm a bit confused now.
Expert:  Buachaill replied 1 year ago.
5. Dear Anthonia, There is no right to distrain on goods just because rent is owed. Nor is there any right to hold property as a guarantee of payment. I don't know where that solicitor got that from. As regards ***** ***** answer there should be a Rating system at the top of the page where you can rate the answer.
Customer: replied 1 year ago.
Thank you. Can I still ask questions after rating the answers or do I pay another £32?
Customer: replied 1 year ago.
The solicitor for my landlord would be sending me some letters in the post tomorrow, I would like some clarity if there's any ambiguity therein.
Expert:  Buachaill replied 1 year ago.
6. Dear Anthonia, I would advise you to ask a fresh Question in relation to any further letters which might arrive. There is a limit to how much you can ask in one question. In the meantime, please Rate the answer given. However, If you have a follow-on tomorrow, I will be happy to answer it.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello. It's only me again. I contacted my landlords solicitors, who listed most of everything I have in the shop, to be given to them so they don't pursue me for the rent, or collect them and pay up. I opted to collect my stuff, sell them myself and then pay them.Problem is that, they want to keep my chandeliers which I bought and fixed, claiming it's a shop fixture and can't be removed! Well so are the mirrors and the slat walls and other furniture they listed, fixed to the wall.In any case, they didn't include my chandeliers in the inventory they initially listed.
My question is, do they have a right to do that? The works I've done within that shop can fetch them twice their rent. There were ordinary bulbs in there and I re did the ceiling and pot spot lights, down to the toilets. The chandeliers alone cost me £1500. I want to know if they have the right to keep them under the claim that they form part of the fixtures.Thanks
Customer: replied 1 year ago.
I have accepted your offer, it's asked me to update my payment method which I have done, can you check please if the £16 payment has gone through?Thank you.
Expert:  Buachaill replied 1 year ago.
7. Dear Anthonia, for some reason the payment is not showing and the offer is still showing as "Proposed". However, in relation to your Question, chandeliers are a fitting, and removable. They a fixture, which cannot be removed. So here, your landlord has obviously taken a shine to your chandeliers. Accordingly, I would suggest you either sell them to him or else, just get them removed. However, in law, your landlord has no right to keep the chandeliers.
Customer: replied 1 year ago.
Thank you. Can I use my daughters card to make payment as mine doesn't seem to be going through for some reason?
Expert:  Buachaill replied 1 year ago.
8. I don't see any problem with that.
Customer: replied 1 year ago.
Will do that in the morning as she's gone to bed now. Thank you
Expert:  Buachaill replied 1 year ago.
9. OK. Best wishes.

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