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Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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i am in dispute with my landlord because he is using 7out of

Customer Question

i am in dispute with my landlord because he is using 7out of the eight units as a recycleing station and the place is a tip with paper and plastic not only that but large lorries get loaded on the road outside my factory also lorries loaders forklift trucks are constantly running past and it is very dangerous fof the public and my customers this has been going on for more than 10years can i sie my land lord the council who wholey finance this operation
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Why have you not done anything about this before now?
Customer: replied 3 years ago.

i sent lots of recorded delivery letters the council were going to give me an alternative unit but would not help with moving expenses i tried to sell my business i have been established for over 40yrs.i usually employ 3 people one of whom was an apprentice my van and car have had serious damage done to them

Expert:  JGM replied 3 years ago.
It is implicit in a lease that the landlord will let the tenant enjoy peaceful possession of the premises and won't do anything to stop the tenant from trading or otherwise getting to and from the unit.

I think in the first instance you should get your solicitor to write to the landlord indicating that you are losing business because of this. Also threaten court proceedings for common law nuisance and breach of the landlord's obligations under the lease if something isn't done about it.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.

would it be a possible court case for compensation or at least make sure that all health and safety rules are followed and sepa conditions are oberseverd for re cycling companies

Expert:  JGM replied 3 years ago.
Potentially. You would need to commission a report from a suitable HS consultant to see the strength of evidence.