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I want to have free access to the site including gaining entry and keys - as I have always done up until thursday when the co-tenant changed the locks without my authority nor the landlords
Just so that I am clear, it belongs to the Landlord, you are the tenant but the co-tenant is refusing access?
thats correct yes
Why wont the Landlord do anything?
he says that he cannot advise me as the lease is in place between us - he wont give authority for me to enter and potentially damage the property but suggest I speak to a Solicitor to confirm the legalities for gaining entry by changing the locks. He didnt give authority or deny it - hes just staying neutral which is irritating.
What does the lease say about rights and responsibilities of the co-tenant?
Section 1.7 Any obligation in this lease on the Tenant not to do something includes an obligation not to agree to or suffer that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
7.1. The Tenant shall keep the Property clean and tidy, including cleaning the inside and outside of the windows at the Property.
10.2 The Tenant shall not leave refuse on any street or pavement outside the Property except at such times and in such a manner as in accord with the arrangements for the collection of refuse from the Property by the local authority.
(a) For any purpose or in a manner that would cause any loss, nuisance or inconvenience to the Landlord, the other tenants or occupier of any other property; nor
(b) In any way that would vitiate the Landlord’s Insurance of the building; nor
(c) In a manner that interferes with any right right subject to which this lease is granted.
You need to write to the co-tenant and demand entry or say you will go to Court.
If he refuses then you can issue proceedings i
in the County Court
You are seeking an Order to allow entry and deliver up a set of keys
If he refuses to allow entry then he will be in contempt of Court
I am very concerned about my things in there and the vandalism. To give you some background, this person has a drug problem and is basically in the building with no supervision
He would be warned, fined or sent to prison
and where do I stand with the rent?
If things have been damaged then you should report this to the Police as criminal damage
You still have to pay the rent otherwise you could be evicted proper
I have but they have no evidence
Can I clarify anything for myou?
But if your items are damaged then it stands to reason it must be him
So why is it I cannot change the locks and issue him with a set of keys?
Thats not how the Police have seen it as they said there is no evidence that they were ok in the first place
You could change the locks but then you could also be subject to Court Order
i.e. all these chemicals and products hes destroyed - all I have are empty containers in the bin as evidence
even if I supply him with keys/access?
You could issue proceedings yourself and sue for all your losses
if i went down the court route, and then he gave me access, could I still sue for my loss of use for the site?
Yes of course
and where do I stand in terms of if he allows me access, but wont allow me to hold keys?
Again you can seek a Court Order that he delivers up a set of keys
Can I clarify anything else?
I dont understand that by changing the locks and issue him keys why I could be taken to Court - could you please explain? surely im enabling access
and likewise, if he wont give me keys, what would you say would be claimable?
He could try and claim losses from you. I am just making you aware of a risk
You could claim for any losses you have suffered as a result of non access
I dont want him to be around when I am there - hes a nasty individual and assaulted a member of my staff, vandalised my signs etc.
hence why the keys are important to me
Of course. Unless the agreement states otherwise you can have your own keys
so therefore if he denied me keys, could I claim for loss of business and rent from him
Ok thats good
no thats great thank you
I think thats all
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