(BE AWARE) landlord can change the door locks!

ambera52

Hi Guys,
I'm sure there is some help here and I understand or maybe it’s too late to take action now to protect that business and seek help again,

Here is The story,
I used to pay my rent in the 1st of every month and I was late to pay my warehouse rent on time this time in May 2013, I was late only for 15 days and my landlord acted and entre the premises and decide to change the door locks without any one single notice because, he say he rang me and I did not answer his calls? And he thought I left the warehouse or I left the country! business was not profitable that month.

Hawever, we started to negotiate payment and by the time he demand his full rent for current month and an advanced month but I could not afford to pay all at once , then he decide not to let me in anymore and moved out some of my stuff outside his commercial property. My lease was due for renewal in 31st of November 2013 so the lease and access was ignored and basically the law has been ignored too. And also he rented the warehouse for another tenant while the rest of my staff still in the warehouse and so on my stuff is used by the new tenant now.

SHORT CUT. this landlord never give (notice to access, change the door locks, remove and switch off my CCTV camera, remove my stuff outside the premises without court order, and finally he damaged and caused loss to my business) and I have to move in to the SWO since May 2013 with family of five people

Of course I seek help at the time and cost of the solicitor was over my limit too and I could not move to protect my rights and business,

Now again, I saved some money and managed to speak to the same solicitor again this January 2014 to take action against my land lord bad behaviour. my solicitor agreed to carry on with my case, thanks God.
but Would you guys think I could win this case soon or later? what sort of compensation to look for as well? Your assistant would be great for me at this time please

Thanks a lot for the attention

sandin

commercial lease is quite different to a private lease and if you have not paid, the landlord has quite a few rights including preventing access to the unit.

However, the landlord has no right to allow your materials / equipment to be used by a third party unless he has given you ample opportunity to remove your materials and machines and you don't avail of that opportunity.

If he has not given you this opportunity, you can change a commercial cost for the use of your equipment.


My advice - get your stuff and get out. Plenty of units about that will be cheaper and have a better landlord.

A court case can take 3 years minimum - so cut your losses now and start again with a better landlord.

edit - noticed that lease was for renewal on Nov 31st. Unless your previous lease was for over 4 years & 9 months, you have no entitlement to a new lease. So unfortunately, the landlord has not acted wrong legally - morally, yes, but legally no. Again, commercial lease law is very very different to renting a house.

ambera52

i do not think this is fare action. and iam sure the law is going to get me out this. hawever landlord never write to me and letter or advice since then.

Bandara

ambera52 wrote: »

i do not think this is fare action. and iam sure the law is going to get me out this. hawever landlord never write to me and letter or advice since then.

Fair or not fair has no relevance to the situation

The landlord appears to have done nothing that he is not allowed to do by law.

The fact is you broke the terms of the contract by not paying your rent on the agreed day.