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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23767
Experience:  Senior Partner at Berkson Wallace
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I have used you before and need to again now. I have spoken

Customer Question

I have used you before and need to again now. I have spoken to Fes who might be able to tune into my stuff more easily. It's about commercial property problems.
JA: Where are you? It matters because laws vary by location.
Customer: Manchester
JA: What steps have you taken so far?
Customer: We are in arbitration but it has become problematic
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It's about dealing with a very difficult person
Submitted: 16 days ago.
Category: Property Law
Expert:  Virtual-mod replied 15 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 15 days ago.
please continue. I can wait for now.
Expert:  Stuart J replied 15 days ago.

Unfortunately, I cannot see the previous thread.  So if you could give me the brief background and then what the current problem is, I will try to help you.

Kind regards

Customer: replied 15 days ago.
Since last April my landlord of my business premises has denied 24 access that has been in place since the building was erected. He is in breach of the lease. I have lost money purely because of this. I have spoken to him many times, called tenants' meetings with him, and done all I can to resolve his and my problems in a positive and cooperative way. He has been harassing, insulting and unreasonable. It took 5 months to get him into arbitration. He has not complied with a single direction the arbitrator has given. It is unlikely he will be able to produce any evidence or contest our complaint and has made himself ill. He is now using that to delay the proceedings without medical evidence, although he is in work. I believe he is genuinely ill, but could have answered the arbitrator's repeated requests for responses. How long can he get away with procrastinating? All I wanted was access.
Expert:  Stuart J replied 15 days ago.

I think the time has come when you need to make the application to court for an injunction to compel him to give you 24-hour access.  Clearly, he’s just going to jerk you around for whatever reason and whilst he may be in bad health, that’s unfortunate for him, he cannot use that against you in my opinion and I would just go ahead regardless making the court application.  Tell him that he has until next Friday, 18 June 2021, oh 4 PM to reinstate 24-hour access failing which you will immediately make an application to court for an injunction to compel him to comply with the terms of the lease and you will ask the court to award costs against him.  I can see no point in hanging around.

Customer: replied 15 days ago.
Thank you so much for that definitive answer. Can I also ask if it is advisable to get a solicitor for this? We have compiled meticulous evidence that is well organised and referenced.
Expert:  Stuart J replied 15 days ago.

It really depends whether you feel competent enough to DIY.  You may find that using a solicitor avoids the need to go to court.

However avoid copious correspondence.  The letter before action, you can do yourself so don’t waste money on that.  You are instructing the solicitor to prepare and serve the proceedings, not to negotiate and waste time on letters.  Don’t be used as a moneymaking machine.

Customer: replied 15 days ago.
As I feared....thanks again
Expert:  Stuart J replied 15 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
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