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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16356
Experience:  30 years as a practising solicitor.
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I have had the lease on a public house for 11 years. I have

Customer Question

I have had the lease on a public house for 11 years. I have had 3 different landlords, the 1st and 2nd giving me no bother whatsoever. The current landlord is a ex boyfriend whom I've known for nearly 40 years. With everything that's happening with covid 19 and lockdown obviously rent hasn't been paid. All during lockdown not once did he phone a d ask for rent. When pub opened again in July ipsid him full rent pmus £100 extra as I felt bad for not having the means to pay during lockdown. A month ago we were told of new restrictions. We could only sell alcohol outside in beer garden. Like most pubs in Scotland, I closed for this period. I paid him rent the1st week we were closed a d told him I'd pay more when I got a government grant which I have now been approved for but don't have yet. The landlord has now changed all the locks a d outbreak padlocks on the shutters. I have lots of property inside which he says I can only get back when he is there to watch what I'm taking. After 11 years most of the stuff is mine anyway. I called police who informed him he has to let me get my property. I have heard nothing from him. Was he within his rights to change locks etc without informing me and where do I stand regarding my property/ stock etc?.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have phoned him but he was rude and bullying. Telling me I can only take what he says I can take. I called the police, who don't want to get involved, but they did phone him and say he was breaking the law by withholding my stuff. He was meant to let me in yesterday but I've heard nothing .
JA: Have you talked to a lawyer about this?
Customer: I don't really have the means to go down the legal route. As much as it upsets me being forced to leave after 11 years, I just want my property and don't want him breathing down my neck as I do it.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That's everything, thanks
Submitted: 17 days ago.
Category: Scots Law
Expert:  Virtual-mod replied 16 days ago.
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Customer: replied 16 days ago.
I'm ok to wait . Thank you
Expert:  MarianC replied 15 days ago.

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Expert:  MarianC replied 15 days ago.

Do you have a copy of your lease please?

Customer: replied 15 days ago.
It is inside the pub which I now have no access to.
Expert:  MarianC replied 15 days ago.

Please accept my apologies, i have noted that you are in Scotland. I will need to opt out for another expert to assist.

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Expert:  JGM replied 12 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 12 days ago.

I am sorry to hear about your situation. It’s not easy dealing with this kind of thing and you have my sympathy. I will do everything I can to help. If the lease is in standard commercial terms he can’t throw you out and change the locks. There is a court process he must go through and you could sue him for damages for any losses. If he is holding you in breach of the lease he has to serve a Notice of Irritancy of the lease and then get a court order. There is no reason why you can’t break back in and change the locks and tell the police you are doing so in advance. At the very least you can recover your property and move on. I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.