Commercial Landlord stole electricity

[DWD 2022]

Hi all.

My commercial landlord and his associates stole electricity from me, ran up a huge debt, and when I could not (and should not have had to) pay, the energy supplier closed the account in my name, and transferred the debt to my landlord.

He then began demanding large sums of money from me to clear the debt, to which I refused.

This went on for a long time, until after he refused to pay any part if the debt off, he allowed the energy supplier to cut the electricty off, leaving me in the dark, unable to use any of my machinery, essentially halting my ability to earn money.

I said I would not pay any rent until he reinstated the electricity, meanwhile he installed an industrial diesel generator for his purposes, but refused to allow me to connect to it, he later had an entirely new electrical supply fitted, which he also refused to let me connect to.

My income has dropped of a cliff as a result, not to mention the stress and anxiety of dealing with him throughout all of this.

This is a very abbreviated version of events - I am on the brink of instructing a solicitor to sue him for loss of earnings, harassment, intimidation, but before I do, would like to get a second opinion or two about whether I have a strong case, how much it might cost me, how long it might take, and so on.

I have spent the last few weeks compiling the sequence of events, dates, and documentation I have to support the case. I can draw from that and tell the full story for you.

Before I do that, I'd like to ask which section of this site is the best place to post it?

Also, can you advise on anything I should include, and NOT include? Names/places etc?



Many Thanks.

[DWD 2022]

Anyone?

[atticus]

While it appears that you may have a claim, I suggest that you instruct that solicitor.

Before commenting further, I would want to see the full story, with all documents including letters/e-mails/SMS messages etc. In particular, I would want to see your lease, to see what it says about supply of electricity and other services.

It may be difficult to review all that material on an internet forum - and be aware that this is a very public place, that your landlord or his advisers may find. I have seen that happen on another (now defunct) legal discussion forum.

[islandgirl]

sorry you have not had replies but this is a complex situation. What kind of document was your lease agreement? What does it say about electricity supply? Can you prove the debt was not yours (I am not doubting you at all but just thinking of what you will have to do if you take the matter further).

[DWD 2022]

There is no lease agreement, the landlord refused it, although I have been paying rent for over ten years, and paying business rates to the council.

I can't exactly prove the debt is not mine, other than 7 years of steady electricity usage, then he and his associates connect their cables, and the usage immediately goes up 27 times the usual amount. My operation was unchanged - no new machinery, lighting or heating etc.

I have several phonecalls recorded and some video evidence to support my case, is this admissable in court?

[islandgirl]

Thank you. Have you moved to a new site now?

[DWD 2022]

Finding premises is very difficult. I’m in the process of clearing out of the unit, but haven’t yet been able to find another unit within my price range.

[islandgirl]

I think in your position I would go and have a free session with a solicitor who can advise you properly. You have told us you are about to launch proceedings - does this mean that your solicitor has told you that you have a strong case? If your claim is above 10k you could be liable for the other side's costs if you lose so keep it below this if you go ahead. It will all hinge on the strength of your proof. The LL would say that you were liable for the electricity and he evicted you because you would not pay. You would have to prove the debt was not yours. The evidence you have is what will determine whether you have a valid claim. It may be better to walk away?

[DWD 2022]

I should mention here that my LL has made a claim against me for rent that been unable to pay due to not being able to use any machinery since he caused the electricity to be cut off.

Before I make a claim against him, I must first defend myself. Mediation has been dismissed, and it is going to court.

I have yet to find a solicitor who will offer a feee session to tell me if I have strong defence/case - can you recommend one?

[DWD 2022]

I have a lot of evidence in the form of recordings and video. LL verbally admitting to things. Is this admissible evidence??

[islandgirl]

I would have thought you could have counter claimed against him in the case against you but someone with more accurate knowledge than I will hopefully be along to help soon. Most solicitors will offer a free initial consulation though this may be harder to arrange in a complex case such as this.