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HELP PLS -Relief from forfeiture & Bailiff fails duty of care - carried out illegally
I have lost my business and livelihood through the actions of a despicable landlord and the actions of their solicitor and the the bailiff.
Background:
My commercial lease expired 3 years ago. During that time the property changed ownership twice and whilst the first new owners carried on under section24(1) of the landlord and tenant act 1954 with the same lease terms the latest landlord for 9months made no attempt to assign a new lease or set out where to pay rent there was no contact with them until November. When I was required to pay the outstanding months and bring my account up to date and this was by forfeiture that wanted me out in 2 months, If I hadn’t paid the outstanding I had a month to vacate. I paid the full amount but the solicitors to which it was paid retuned it.
I was then served with a section 25 which I had invalidated because the period for a section 25 was too short.
They then served a replacement section 25 notice which granted me the right to remain for the period as set out in landlord and tenant act 1954
I continued to make payments to the solictor and as per the landlords instructions to pay monthly and as stated in my original tenancy agreement (which is a 2008 standard law society business lease)
I made payments to the landlords solicitors November and December both were returned i again made a payment in full for the outstanding rent up to date just prior to Xmas which was not returned.
I had my on solicitor who had a conversation with the landlord and between them it was agreed To pay monthly and remain until summer 2019.
Jan 10th I paid Januarys monthly payment.
Jan 15th I arrived to my shop and the baile enforcement agents were in possession under forfeiture. Due to non payment of rent.
I advised them and proved rent had been paid but their instructions came from the landlords other solicitors. They stated that I had breached my lease yesterday not paying the rent quarterly and i was past 14 days from the due date.
This was disputed but enforcement continued.
Present:
This is where I have several questions Bearing in mind I have no business and no income now a young family and rent due..
The forfeiture was ilegal because I had aid my rent and my original written lease states I can pay monthly but this written lease expired 3 years ago so in theory I have no written lease in which case forfeiture is also invalid. The Landlords Solicitor though referred specifically to the expired lease as the written basis for the forfeiture due to the current quarterly payment not being made..
1) Bailiffs removed my stock and in doing so left furniture and fittings, didn’t complete a full inventory and damaged many thousands of pounds worth of stock by not packing and removing it safely. Therefore under a duty of care can I pursue them for this as well as for enforcing an ilegal forfeiture which despite pointing out to them they refused to acknowledge. By their actions they closed a successful viable and trading business (5+years business) and put several people out of employment,
2) Landlords solicitor has misrepresented the legal position to instigate forfeiture on the basis of an expired written lease which had move on to the landlord and tenant act 1954. But nevertheless the lease agreement although states quarterly rent in the terms of the ease pertaining to the tennant requires me to pay monthly and this was the instruction in an email from the landlord stating monthly rental.
The landlord is operating through an offshore tax haven I am unlikely when I win a claim against him to get any monetary satisfaction (that is my real concern) can I jointly or independently persue the enforcement officers/ bailiff and the landlords solicitor for losses. Loss of income loss of a trading business, loss of statutory compensation for the end of my tenancy without option to renew.
Background:
My commercial lease expired 3 years ago. During that time the property changed ownership twice and whilst the first new owners carried on under section24(1) of the landlord and tenant act 1954 with the same lease terms the latest landlord for 9months made no attempt to assign a new lease or set out where to pay rent there was no contact with them until November. When I was required to pay the outstanding months and bring my account up to date and this was by forfeiture that wanted me out in 2 months, If I hadn’t paid the outstanding I had a month to vacate. I paid the full amount but the solicitors to which it was paid retuned it.
I was then served with a section 25 which I had invalidated because the period for a section 25 was too short.
They then served a replacement section 25 notice which granted me the right to remain for the period as set out in landlord and tenant act 1954
I continued to make payments to the solictor and as per the landlords instructions to pay monthly and as stated in my original tenancy agreement (which is a 2008 standard law society business lease)
I made payments to the landlords solicitors November and December both were returned i again made a payment in full for the outstanding rent up to date just prior to Xmas which was not returned.
I had my on solicitor who had a conversation with the landlord and between them it was agreed To pay monthly and remain until summer 2019.
Jan 10th I paid Januarys monthly payment.
Jan 15th I arrived to my shop and the baile enforcement agents were in possession under forfeiture. Due to non payment of rent.
I advised them and proved rent had been paid but their instructions came from the landlords other solicitors. They stated that I had breached my lease yesterday not paying the rent quarterly and i was past 14 days from the due date.
This was disputed but enforcement continued.
Present:
This is where I have several questions Bearing in mind I have no business and no income now a young family and rent due..
The forfeiture was ilegal because I had aid my rent and my original written lease states I can pay monthly but this written lease expired 3 years ago so in theory I have no written lease in which case forfeiture is also invalid. The Landlords Solicitor though referred specifically to the expired lease as the written basis for the forfeiture due to the current quarterly payment not being made..
1) Bailiffs removed my stock and in doing so left furniture and fittings, didn’t complete a full inventory and damaged many thousands of pounds worth of stock by not packing and removing it safely. Therefore under a duty of care can I pursue them for this as well as for enforcing an ilegal forfeiture which despite pointing out to them they refused to acknowledge. By their actions they closed a successful viable and trading business (5+years business) and put several people out of employment,
2) Landlords solicitor has misrepresented the legal position to instigate forfeiture on the basis of an expired written lease which had move on to the landlord and tenant act 1954. But nevertheless the lease agreement although states quarterly rent in the terms of the ease pertaining to the tennant requires me to pay monthly and this was the instruction in an email from the landlord stating monthly rental.
The landlord is operating through an offshore tax haven I am unlikely when I win a claim against him to get any monetary satisfaction (that is my real concern) can I jointly or independently persue the enforcement officers/ bailiff and the landlords solicitor for losses. Loss of income loss of a trading business, loss of statutory compensation for the end of my tenancy without option to renew.
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