Landlord locked me out

[Harbourboy]

The landlord has changed the locks on my shop premises on account of rent arrears and I can't get in. I have expensive goods in there, this is in Scotland, and I received no forewarning (to my knowledge) that this was going to occur. I believe the landlords, a housing association, have acted illegally. They informed me also that they do not have a signed tenancy agreement, but nonetheless want all 'arrears' paid off before I can gain access. The last payment of which they have a record is two months ago, though I dispute the time lapse, and although I had not had the premises open for the last three weeks they were not abandoned but still in use. any thoughts?

[Sapphire]

Re: Landlord locked me out

Bumped up, hopefully someone with experience in Scottish Law will respond.

[TUTTSI]

Re: Landlord locked me out

I am not experienced in this, just personal experiences.

It would depend what sort of rental agreement you have for instance if it is a monthly rental licence they can do that - late payment they can change the locks until the rent paid.

If you have a lease it would depend on the terms of your lease and whether this type of action is in that lease. If you can get access to this document I would have a read through to see what your landlords option were.

At the place where I work a few years ago my boss told me not to pay the rent as we were in dispute with the landlord and the next thing was we had a visit from the bailiffs it cost a fortune to the bailiff + the rents eitc and legal fees. In that particular lease that was the landlords way of getting his money. Normally landlords have this pretty much sewn up to go their way.

[Gorang]

Re: Landlord locked me out

The landlord has changed the locks on my shop premises on account of rent arrears and I can't get in. I have expensive goods in there, this is in Scotland, and I received no forewarning (to my knowledge) that this was going to occur. I believe the landlords, a housing association, have acted illegally. They informed me also that they do not have a signed tenancy agreement, but nonetheless want all 'arrears' paid off before I can gain access. The last payment of which they have a record is two months ago, though I dispute the time lapse, and although I had not had the premises open for the last three weeks they were not abandoned but still in use. any thoughts?

Hi, sorry I have not had much dealings with tenancy agreements but there are a couple of questions that do stand out for me that may help someone with tenancy knowledge

You said it is your shop and that "they" (I am assuming the landlord) informed you they do NOT have a signed tenancy agreement

Did you sign anything when you took the shop on and is it you that the landlord has leased the shop out to, or is there a 3rd party involved in here somewhere?

I ask as I would of thought that you would not of needed the landlord to tell you if there was a signed agreement or not, as I would of thought you would know this already

You also said that

The last payment of which they have a record is two months ago, though I dispute the time lapse

Can you give more detail on this please, why do you dispute the time lapse

Also how did you pay the rent, ie cash, standing order or direct debit, and who to, ie the landlord direct or to an agent?

Also why do you think they have acted illegally? are you refering to the fact of no signed agreement and them changing the locks, or is there another reason that you think they have acted illegally?

[Harbourboy]

Re: Landlord locked me out

The last payment was made a month ago. Payments were latterly paid by paypoint card usually, and formerly payments were made both by cheque and by cash poster through the housing association letterbox during the evening. This is because I was out working at night. When say 'my' shop, I mean that I was the tenant leasing the shop from the landlords, but they would not give me a tenancy agreement. I renovated the shop myself and got specialists in to assess the damp, fix the electrics etc because the housing association would not.

[labman]

Re: Landlord locked me out

It's difficult without a tenancy agreement. I do not know enough about Scottish law to know how you stand in this respect. I would contact a free advice centre for guidance as while I can see they may be entitled to change locks on their property, they can't just refuse you access to your good without formal legal action.

[Sapphire]

Re: Landlord locked me out

So basically you've no agreement, and have done extensive repairs on the property ? I don't suppose you have receipts for rent paid either ?
Sorry to have to tell you but I think the landlords have had a result here and I doubt very much you have much of a leg to stand on legally.

[Harbourboy]

Re: Landlord locked me out

When I use the term 'illegal' it's because that's what the police said. That the landlords had acted illegally by barring me from the premises without going through the correct procedure. There was a. Agreement initially, but the landlords did not keep the records so they say they gave no tenancy agreement signed by me. I am the director/ curator of a not- for- profit arts organisation - the landlords wanted an individual rather than an organisation as the party responsible for rent and would not give a tenancy agreement to the organisation as such.

[Sapphire]

Re: Landlord locked me out

So there is an agreement that has been mysteriously mislaid, but not one signed by yourself ? Now I'm no legal expert but I would say that you need to write them a letter and deliver it by hand if possible informing them that you require access to the premises within X amount of days to remove your goods otherwise you will be going through to your solicitor and drag them through the courts.

[labman]

Re: Landlord locked me out

How long have you been there?

[Gorang]

Re: Landlord locked me out

you need to write them a letter and deliver it by hand if possible informing them

I would suggest sending by recorded mail so you have proof that they got the letter

[SpringerSpaniel]

Re: Landlord locked me out

If you have a small business, I would suggest you contact a Law Centre, there is a good one in Govan, they would be able to put you in touch wiht a locla one if this is not nearby.

Your MP / MSP 's office may also know of locla sources of free / inexpensive legal advice locally, and might be able to help you themselves.

[Harbourboy]

Re: Landlord locked me out

After a week of seeing CAB and a solicitor not much light has been shed unfortunately. Anyway the housing association / landlords have had a valuation done and want to give me a tenancy agreement(thus far there is NO tenancy agreement signed and in place) at an increased rent. They have also finally agreed to meet me at the premises so that I can collect the mail and 'anything else' that I want. So I am concerned that the landlords serve papers on me there and then saying they are going to seize my goods ( the gallery paintings, jewellery. Pottery,etc) and it's a strange turnaround if they allow me to remove said goods, even though they belong to me and I still pay rent and electricity for the premises and the landlord would I believe be on the wrong side of the law if he/they try to stop me removing what does after all belong to me.

[labman]

Re: Landlord locked me out

As long as nobody has got a court order enabling bailiffs to levy distress on the goods, then they are yours to take. Even if they have got an order to levy distress, as long as bailiffs aren't around when you're moving the goods, then there is nothing at all stopping you taking what is rightfully yours.

[Celestine]

Re: Landlord locked me out

As part of my job, I manage the leases of 42 lock up market stalls. We regularly have to padlock premises when rent is not paid.

We contact the tenant and even if they cannot pay the arrears, we arrange to meet them at the unit so they can remove their possessions/stock from the site.