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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
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iv been locked of office locks changed, the reason i was given

Customer Question

iv been locked of office locks changed, the reason i was given rent not paid, it was, now been served with charge for payment of money, all my tools and equipment are locked in and i cant do any work what can i do
Submitted: 5 years ago.
Category: Scots Law
Expert:  JGM replied 5 years ago.
Thank you for your question.

Under the law of Scotland the landlord has what is called a hypothec. A hypothec is a right to hold your equipment as security until you pay any arrears of rent.

The landlord's hypothec arises automatically and gives a landlord a right in security over moveable property belonging to the tenant within let premises. It is available only in respect of unpaid rent and subsists as long as the rent remains unpaid.

The hypothec operates in a similar way to a standard security, giving the landlord priority in any claim where there is ranking. If a tenant is subject to insolvency proceedings such as bankruptcy or liquidation, the landlord has a priority over other creditors regarding the property secured by the hypothec. If the tenant is not subject to an insolvency procedure, the landlord's methods of recovery are the same as for any other creditor.

The hypothec is not available over property which is kept in a dwellinghouse, on agricultural land, or on a croft nor is it available over property which does not belong to the tenant, or property which has been acquired by a third party in good faith.

As a result it is not in the landlord's interests to let you have your equipment back until he is paid the monies owning to him.

You will have to pay the rent to get your equipment back.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 5 years ago.

Hi yes i would agree with this but he is saying iv not paid any thing and iv been there for a year, its not right, iv paid up full rent for year iv brought his place from ruin to very pleasant place to work from at my expense,and now all my tools are locked away i can no longer work ? thanks for your information any way

Expert:  JGM replied 5 years ago.
Why is he saying that the rent is not paid up to date when you say it is?