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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i am personally responsible for the lease agreement rent on

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i am personally responsible for the lease agreement rent on a shop. We were due to move out by 28 February for new tenants to move in March 1st, and I have just agreed terms new office unit. I was 3 months behind on rent but had confirmed that all arrears would be up to date by end of February to allow move.On the 25 Feb I was advised and saw for myself, that my landlord had plastered 3 notices of Repossession of lease on shop windows from inside, changed locks and the notice not only had my name attached but a value of arrears which a few hours later and after an e-mail from me was found to be more than what was actually owed. I have had several passing customers advise me of this and personally with shop being on High Street this has been not only hugely embarrassing but also puts in jeaporady my new agreement. Am I legally entitled to sue her for humiliation and potential loss of business and confidence? I have had a business in town for 7 years, was chair of local traders for 5 of those so it's not that i am anonymous or my name unknown.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Does your lease have a forfeiture clause?

 

This will be a clause entitling your landlord to terminate in certain circumstances and would usually be near the end of the document.

 

Kind regards,


Tom

Customer: replied 3 years ago.
Not sure, I don't think I have received a full copy of lease agreement, just the outline document and nothing in that
Expert:  Thomas replied 3 years ago.

Hi,

 

Is there an actual written lease?

 

Tom

Customer: replied 3 years ago.
Yes, I recall signing one but I don't appear to have a copy- must still be with solicitor from last July
Expert:  Thomas replied 3 years ago.

Right. Have you checked with your solicitor about the changing of the locks?

 

Tom

Customer: replied 3 years ago.
I definitely don't have copy of lease as final request was for photographic record of property day I moved in 1 July which I supplied and was to be attached to lease- and I have no copy from then.
I only found out late Friday evening what had happened so you are my first call,so no to locks question.
Expert:  Thomas replied 3 years ago.

Ok.

 

You should obviously check with your original solicitor on Monday whether there was a forfeiture clause in your lease. There should be, the landlord's solicitor will have a case for negligence against his solicitor if they did not include it.

 

The forfeiture clause will give the right to terminate the lease in certain circumstance and usually in the case of rent where this has been unpaid for a period of time (usually 14-21 days) after falling due. IN this event the landlord would be entitled to affect peaceable re-entry to the property, change the locks and take possession of the property. If this is the case then you would not be advised to sue the landlord because they have acted within their rights I'm afraid. In all probability this is what has happened.

 

If there is no forfeiture clause in the contract then you would be able to sue the Landlord for breach of contract, but as I say I would be astonished if it was not in the Lease.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

KInd regards,

 

 

Tom

Customer: replied 3 years ago.
Thanks, XXXXX XXXXX understand that point and will call them Monday- however does the landlord have a right to attach a notice to the inside of shop windows for everyone to see detailing my personal name and in pounds the amount they think I still owe them, and even that is incorrect?

Expert:  Thomas replied 3 years ago.

HI,

 

Yes they are entitled to display a note confirming the forfeiture and reason for it. They do this for the purpose of informing you that the locks have been changed. It would also be difficult to show direct financial loss flowing from anything included in the notice.

 

Hope this clarifies, if so please click accept.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6594
Experience: BA (Hons), PgDip, Practising Solicitor
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