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Have a business property that I rent but was in arrears on…

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Have a business property that...

Have a business property that I rent but was in arrears on the rent and the landlord changed the locks on the property over the christmas period without warning/notification. what are my rights

Submitted: 5 years ago.Category: Republic of Ireland Law

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1/8/2013

Solicitor: Buachaill, Lawyer replied 5 years ago

Buachaill, Lawyer

Category: Republic of Ireland Law

Satisfied Customers: 11,205

Experience: Barrister 17 years experience

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Buachaill :

1. What your rights are here depends on the terms of the lease. In order that the landlord can re-enter and change the locks, there must be a clause in the lease allowing him to re-enter should the rent be unpaid for a period. Otherwise, if there isn't the landlord must give you notice to determine the lease. Accordingly, if there was a re-entry clause, then you have been legally put out of occupation and whilst you will be allowed to retrieve your property, you have no right to a continuance of the lease. However, if there is no right of re-entry clause, then the landlord has unlawfully re-taken possession. In these circumstances, you can go to court to re-obtain possession of the premises, which will be granted to you upon payment of the arrears of rent. Accordingly, you should read the lease closely and get a solicitor to help you issue legal proceedings if there has been unlawful re-entry.

Buachaill :

Please RATE the Answer positively so that I may get paid

JACUSTOMER-um8xvev6- :

The lease and all my paperwork and products are still in the premises. I do not believe that there is a re-entry clause but I am not certain of this.

JACUSTOMER-um8xvev6- :

What do I need to do to get my property back and what if any legal references do I quote to ensure I get my property

Buachaill :

2. Go and see a solicitor and get him to issue legal proceedings on your behalf. However, you need to get a copy of the lease somewhere as otherwise you are like a boxer with a blindfold on. The lease will set the terms of the dispute. If you do not have a copy, then you will have to request a copy from the landlord. Either way, get the solicitor to issue legal proceedings as once you have legal proceedings in being it prevents the landlord letting the premises again. In those circumstances, you may be able to negotiate a compromise whereby you pay back rent and continue in occupation.

Buachaill :

Please RATE the Answer positively so that I may get paid

JACUSTOMER-um8xvev6- :

Thank you for the responses. Unfortunately my financial situation does not allow me the expense of a solicitor. This is why I contacted your website. I am only interested in getting my goods and equipment out of the premises. What can I do or say to the landlord or his agent. Is there any legal agruements that I can make reference to my entitlements so I can recover my goods.

Buachaill :

3. IN law one person is not entitled to hold another person's goods, as ultimately this is theft. Additionally, the landlord here has no right to seize your goods and hold or sell them to pay off any arrears of rent. Accordingly, you simply need to inform the landlord that if he does not allow you onto the premises to retrieve your goods and equipment, then you will call the Gardai. The landlord has no lawful authority to keep your goods and equipment.

Buachaill :

Please RATE the Answer positively so that I may get paid

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