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small claims court

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  • small claims court

    My landlord of my shop has entered my property changed the door locks and is threatening to keep all of my stock. This happened July 20th 2020 . I have wrote to him and offered to pay the £900 I owe and he is refusing it as he wants more money than that but refuses to give me an invoice of what he is asking for. He has put a large poster on my shop window stating "massive amount of rent owed still not paid" this has ruined my business and reputation. Can I make a small claims for county court and ask for all my stock to be released and money for loss of work and defarmation ?
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  • #2
    Originally posted by amanda van View Post
    My landlord of my shop has entered my property changed the door locks and is threatening to keep all of my stock. This happened July 20th 2020 . I have wrote to him and offered to pay the £900 I owe and he is refusing it as he wants more money than that but refuses to give me an invoice of what he is asking for. He has put a large poster on my shop window stating "massive amount of rent owed still not paid" this has ruined my business and reputation. Can I make a small claims for county court and ask for all my stock to be released and money for loss of work and defarmation ?
    Defamation cannot be brought in the County Court. Its High Court only , at least that is the general rule.

    Secondly, ae you in rent arrears? If so how large are the arrears, dont need an exact amount but just a rough idea will suffice

    Thirdly, depending on your lease, you could apply for relief from forfeiture as it seems that is what has happened here. You would need a court application for this. You would need a plan for paying the arrears if any
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Originally posted by pt2537 View Post

      Defamation cannot be brought in the County Court. Its High Court only , at least that is the general rule.

      Secondly, ae you in rent arrears? If so how large are the arrears, dont need an exact amount but just a rough idea will suffice

      Thirdly, depending on your lease, you could apply for relief from forfeiture as it seems that is what has happened here. You would need a court application for this. You would need a plan for paying the arrears if any
      thank you for responding
      the rent arrears is £900 which I have offered to pay 3 times now. The problem came as he only accepts CASH and we was on lockdown. I have been renting from him for 9 years with no issues by myself. The agreement I have that is expired is a tenancy agreement Not a lease.

      Comment


      • #4
        Originally posted by amanda van View Post

        thank you for responding
        the rent arrears is £900 which I have offered to pay 3 times now. The problem came as he only accepts CASH and we was on lockdown. I have been renting from him for 9 years with no issues by myself. The agreement I have that is expired is a tenancy agreement Not a lease.
        Is it residential?
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Originally posted by pt2537 View Post

          Is it residential?
          The property has a residence above and commercial below. I only have the commercial side

          Comment

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