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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My landlord has locked me out of our factory

Customer Question

My landlord has locked me out of our factory
Submitted: 4 years ago.
Category: Property Law
Expert:  Ash replied 4 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Could you please explain the situation a little more - were you in arrears please?

JACUSTOMER-mw4hjaii- :

I moved into this factory 3 years ago the land lord never signed the lease. The Landlord died and i believe the property was sold on.

JACUSTOMER-mw4hjaii- :

The old lease which was never finalised was in a company name. The new landlords gave me a new lease in my own name dated 14th August 2012,.The Landlord then put bailiffs on to me to collect arrears of rent on the old company. I paid them several thousand pounda

JACUSTOMER-mw4hjaii- :

and then took some solicitors advice. which was that they cannot collect from me any monies due under the old lease.

JACUSTOMER-mw4hjaii- :

I took out an injunction which stopped the distress warrent. The solicitor also told me that the lease was faulty and that i had security of tenure.Tjhe landlord then came to me offering a deal, I referred him back to my solicitor. Nothing has been resolved about who owes what but there are outstanding issues.The landlord then seved notice on me to give up the premises in 1 month.Yesterday the landlord came to the premises and demanded the keys. I declined and said he would have to deal with the solicitor who is not available until Monday,

JACUSTOMER-mw4hjaii- :

This morning i came to work and the locks have been changed.

JACUSTOMER-mw4hjaii- :

Is it possible to get an injunction over the weekend to stop the landlord

JACUSTOMER-mw4hjaii- :

When will you be there

Alex Watts : I am sorry for the delay I have been doing weekend things.
Alex Watts : Did the injunction include not preventing access?
JACUSTOMER-mw4hjaii- :

no

JACUSTOMER-mw4hjaii- :

the issues raised in the injunction were never addressed, The landlord gave up chasing me for money and asked me for a deal. I reffered him back to the solicitor. Nothing was resolved.

Alex Watts : Ok. You can get an emergency weekend injunction but it is only if there a risk of serious harm - clearly in this case there is not.
Alex Watts : Therefore you can ask the Landlord for access or say you will go to court and get an injunction.
Alex Watts : He can not sell your belongings because he holds them on bailment which means he has to take care and look after them, if he does you can sue him for the cost.
Alex Watts : If he refuses access then you can issue proceedings that he either delivers up your items or that you have access.
Alex Watts : You would need to complete forms N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and N16a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : As you know the court sends the other side a copy and they can either defend or accept it.
Alex Watts : The matter will be set down for a hearing and a judge will decide whether to make an order.
Alex Watts : But in the meantime he can not sell your effects.
Alex Watts : But sadly an emergency injunction is where there is a threat of serious harm, normally to someone.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-mw4hjaii- :

hello Alex

JACUSTOMER-mw4hjaii- :

Is it form N16A ?

Alex Watts :

It is yes. N16a

Alex Watts :

Does that help?