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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Can i break in to my old business property after the

Resolved Question:

Can i break in to my old business property after the landlord cancelled my tenancy and wont let me take my tools, equipment and plant / machinery out. He claimed i owed him rent which i did but i have been working on site for him as a casual laborer in the same unit i was renting and doing the same job only now he is taking all the money from the work he used to give me to a value that exceeds the debt owed. This i know is hard to prove as there is a lack of paperwork however i did a job for one of my customers and the money is going into his bank account and this value also exceeds the debt and has a paper trail. so as there is as far as i know no more debt outstanding and no bills have been issued and i still cant take my property out as he has blocked all access ways with tires and rubble and taken back keys to the unit but not the site,He has also taken for "safe keeping" property of mine. This only seems to extend to tools and equipment that i could of used to break in to my unit. Am i able to force entry to remove my goods?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Why did he cancel your tenancy please?
Alex

Customer: replied 1 year ago.
He cancelled the tenancy due to non payment of rent which was the reason he gave to me.
Expert:  Ash replied 1 year ago.

Did you ever apply for relief from the court?

Customer: replied 1 year ago.
No. I didn't do this as i don't know how long that might take or how much it might cost as i'm on the verge of bankruptcy because i can't get in to my unit to work and bills are still mounting. Under the c.r.a.r. rules he didn't give me a chance to remove my goods nor is he an enforcement officer, also by letting me back onto the site and to work in the same unit under their rules [i.e. all money goes into their pockets with a bare minimum going into mine (£40.00 a day when in, if i'm lucky) I earned £80.00 last month despite earning them over £2,500.00] he has i believe forfeited this right anyway and so he is restricting access.
Expert:  Ash replied 1 year ago.

Do you want to get back in to trade, or just to remove goods?

Customer: replied 1 year ago.
To remove my goods i have another unit to move it all to, i'm trying to get in for this coming Monday. I have made a replica key which will open one of the doors in to one of the units which will allow me to work my way into my old unit as they are all sub divided from a larger unit and have common walkways. i will still have to cut off two padlocks and understand that i will have to replace them with equal or greater value locks. This will allow me to move my goods out through the only roller shutter door that has not been blocked off.
Expert:  Ash replied 1 year ago.

Ok, you are not entitled to break in. This would be criminal damage. You can ask for them back and say you will get a Court order if he refuses.

If he does refuse you can issue proceedings using form N1:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdf

The Court will list the matter for hearing and decide whether to make an order allowing you access. If the court does and he refuses this could be contempt of Court and he may be warned, fined or sent to prison

Can I clarify anything for you about this today please?
Alex

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.

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