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Ash
Ash, Solicitor
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Was it lawful commercial landlord in an oral tenancy

Resolved Question:

was it lawful for my commercial landlord in an oral tenancy with no lease deed to lien my goods for unpaid rent pre crar january 2013 after i handed back the keys ?
Please note i do mean lien , not forfeiture or bailiffs etc.
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you.
Just to be clear there is no written tenancy!
Customer: replied 9 months ago.
Yes exactly as stated.was it lawful for my commercial landlord in an oral tenancy with no lease deed to lien my goods for unpaid rent pre crar january 2013 after i handed back the keys ?Please note i do mean lien , not forfeiture or bailiffs etc.
Expert:  Ash replied 9 months ago.
Its not unlawful but its breach of contract. There was no specific term in the agreement saying that a lien could be levied.As such the Landlord is not entitled to do this - its a breach of an oral contractCan I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
Hi AlexI've read only solicitors , car repairers etc.... have a right to common law lien , unless there are established precedences.Are you saying they had a right to lien because of established cases or precededences ?I have £100,000 riding on this so I need to be positive.Also , did the contract expire when i handed the keys back , or was it still in force a week later when they liened my goods.Thanks andKind RegardsHoward
Expert:  Ash replied 9 months ago.
Thanks Howard. A lien is “a right in one man to retain that which is in his possession belonging to another until certain demands of the person in possession are satisfied”. A lien is NOT a right to take possession of goods, nor is it a right to take ownership. Possession by a wrongful act will not be sufficient.Landlords have a common law right, however your contract ends when you hand the keys back - it is then forfeit. Does that clarify?Alex
Customer: replied 9 months ago.
Hi AlexSorry to reply again but I can't quite get my head around it.When they liened my goods a week after I handed the keys back , did they have any lawful right to lien them or refuse to give them back to me ?Kind Regardsand ThanksHoward
Expert:  Ash replied 9 months ago.
No, they dont Howard. This is because the contract has ended. Therefore you are not liable.Does that clarify?Alex
Customer: replied 9 months ago.
Hi Alex,Last one I promise , could they argue that they liened them at the same time i gave they keys back ?
Expert:  Ash replied 9 months ago.
They can try but at the time the keys were handed back unless they said there was a lien then I cant see how their can be!Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 9 months ago.
Hi Alex ,Yes thats fine.Many thanks.
Expert:  Ash replied 9 months ago.
Good luck. Alex

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