Signed Trading
Posted in Uncategorized on 01/19/2006 12:53 pm by admin

can a commercial landlord take my keys to property after breaking a verbal agreement before i start trading?
paid deposit waited for his work men to leave property he agreed to give me time to prepare for opening now i have finished he wants six months rent from when his work men was there has taken keys and shut off electric cannot get in the property the keys was taken from my decorator.what happens to my ten year lease he will not accept any rent but says he wants me out of the shop.i paid six thousand pounds deposit and i have not been allowed to start trading.i sign the lease early to help him with his bank now says he wants back rent even though he had workers there the property had to be fixed before he handed me the keys so that i could go in and decorate to start trading three days before opening he took the keys and shut the shop. what can ido to open my business? what happens to my 10 year lease? can i sue him for loss of earnings? is the law on my side if i go in the property and start my business?
The Landlord & Tenant Act, sets out a set of rules governing security of tenure for business tenants. Unless a business tenant fails to pay the rent, or breaks some condition of the tenancy, the landlord can only bring the tenancy to an end under certain specified conditions, and after serving a special notice.
A tenancy can be created by the conduct of the parties and does not need to have a written agreement to be legally binding. It seems clear to me that your landlord has acted unlawfully. You should seek an immediate injunction in the county court to regain access to the premises and seek costs both for unlawful eviction and damages.
It would be difficult to sue for loss of earnings because the quantum (amount) is as yet unknown. Damages for unlawful eviction should be sufficient.
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