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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I repossessed a commercial garage premises with bailiff on

Customer Question

I repossessed a commercial garage premises with bailiff on 21st Dec 2012 padlocks were changed but the tenant had a remote fob to open a shutter door, they gained entry and the police would not do anything, the same day they paid a rent payment after repossession, they still owe other quarter rents. The bailiff says they are tresspassing but police turn a blind eye. The ex tenant has now removed our padlocks and fitted theirs. Where do we stand in getting them out, can I just change the locks again and inform the police of them breaking and entering , they had 5 working days to remove their items but have ignored this.
Please advise
Submitted: 3 years ago.
Category: Property Law
Expert:  Stuart J replied 3 years ago.

Please explain how they removed the locks. Can you put new locks on in addition to theirs?

Dod you put notices on the property saying that you had taken possession?

What kind of tenancy do they have?

I need full background please. I will be online and offline today

Customer: replied 3 years ago.

Hello,


The tenancy was for six years from Feb 1st 2004 .


The bailiff fixed repossession notices near each of our padlock as well as the roller shutter door.


The tenancy was a sub lease On holdover, we hold the head lease.


Our pad locks were removed by a saw.


I have been told this is criminal damage, breaking and entering and should be the subject of Police prosecution.


The bailiff states we still have legal possession.


I need to make sure what we can do to get these undesirables out.


The bailiff informed them they had 5 working days to remove their equipment and vehicles. They have ignored this.


Please advise.


Regards,


Stephen


 

Expert:  Stuart J replied 3 years ago.

Once you have taken possession, (which appears to be the case) then you can force entry and charge them for the repairs.

Technically, cutting their lock off is also criminal damage , so you need to make a different arrangement to get in.. I would certainly suggest attending with the police .

Them cutting your lock off is indeed criminal damage and this is a police matter. If the police are not interested, you should force the issue and speak to a senior officer if needed.

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