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Jamie-Law
Jamie-Law, Solicitor
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I’ve signed a deed of surrender at commercial premises,

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I’ve signed a deed of surrender at commercial premises , where I was a tennant . There is equipment there that doesn’t belong to me , how can I get it back ? Also the deed of surrender was signed when there were people there and I’ve read that that’s illegal, is that correct?

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

When you say it does not belong to you, why did you leave it?

Customer: replied 2 months ago.
I was asked to leave the premises straight away , I didn’t take anything with me . I was told that I will be able to arrange transportation with the agent but the agent is not responding

Ok - did you sign it on the premises or off?

Customer: replied 2 months ago.
On the premises

Ok - but then you vacated straight away?

Customer: replied 2 months ago.
I was begging the landlord to give me time till the end of the day so that I can contact clients and let them know but I was told to leave straight away

Ok - if he didnt have a Court order or bailiff, why did you sign it?

Have you asked the Landlord for supervised re-entry to remove the equipment?

Customer: replied 2 months ago.
Well I was completely surprised and I have no idea what law says about situations like that , I didn’t even know that I have on option not to sign it . The rent was in arrears , he asked if I’m able to pay , I said no so he said that we have to terminate the lease . He told me to contact the agent regarding the equipment. Later that day I contacted the agent but he said that he is not allowed to let us in until until the landlord gets in touch with his solicitor. I tried to contact him again a couple of times but there was no response . My main concern is that the equipment that doesn’t belong to me is there , there were a few self employed people working there and their equipment is there. At the moment they can even find other premises as they haven’t got their equipment and products

So you have asked if you can remove it, but there has been no response?

Customer: replied 2 months ago.
On the day the agent said that the landlord needs to contact his solicitor , since then we have tried several times but no response

Ok - do you know who his Solicitor is?

Does the lease/surrender allow them to levy on assets?

Customer: replied 2 months ago.
I don’t know who his solicitor is

Ok - have you asked your Landlord?

Customer: replied 2 months ago.
Is that correct ?
Customer: replied 2 months ago.
About his solicitor? No I haven’t
Customer: replied 2 months ago.
Is it correct that he can’t evict us if there are people there?

Yes they would usually have to seek a Court order or send in certified bailiffs.

But you allowed possession.......

I would ask who his Solicitor is and ask for access.

If they refuse you can seek a Court order

You would need to complete form N208:

https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8

The court would list the matter down for hearing and decide whether to give supervised access.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

Customer: replied 2 months ago.
I’m sorry I still haven’t really got the answers that I needed. From what I can understand if I owed him money for rent he can take the assets and put it towards what I owe him but it’s not clear to me what happens with the stuff that doesn’t belong to me ?

If it does not belong to you he can not see it.

You will need evidence as who the owner is.

Such as lease, purchase order in someone else's name etc

Does that clarify?

Customer: replied 2 months ago.
What happens with equipment that is leased by me , has he got the right to keep it?

No. It belongs to the owner.

Does that help?

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