Hi,
I am a tenant in a building which, during the period of tenancy, has had a change of ownership. The original commercial lease conditions were upheld, and this was an REIQ standard format.
I approached the landlord in December to be released from my lease as our business is in financial difficulty and trade is very slow. A month later, I finally heard back from her that she refused my request.
I have not been able to keep up with rent payments. A breach notice was issued, and sadly I was overseas for the whole period and came back on the 7-day mark, intending to speak to her the next business day. I landed back home to find my landlord had locked the doors on the 3 rooms I occupy in her premises. This was March 4. One of the leases (3 separate leases) expired Feb 28, the other two at the end of March 2017.
Since then, I have made partial payment and also made 2 offers to settle - one with a payment plan, the other with the landlord holding stock as security. Both offers were rejected. the second offer was discussed with her on the phone, and i felt that she agreed in principle and asked that I have it presented in writing - still subsequently dismissed.
My stock and all business goods are still locked within my rooms with the landlord refusing access to retrieve basic requirements to run the business. My staff have been able to retrieve their personal belongings on submission of a finite list.
My landlord, in her initial notification stated that she would make orders to the court for a bailiff to sell my goods to recover her costs. I can't trade, I have had next to no income for almost 3 weeks, and with the leases expiring soon, I know the agents are showing the rooms (with valuable stock everywhere) without my permission.
Questions:
1. Does the landlord's actions in repossessing terminate the lease of that date?
2. Is she legally able to hold my goods to ransom like this?
3. Is she able to open the rooms for inspection like this when my goods are there?
4. Can she sell my goods without notification?
I don't think it responsible or prudent of me to incur further debt to pay her at this time as without any knowledge of whether I have stock to sell in order to repay her immediately. I think my offers have been fair
Thanks in advance,
I am a tenant in a building which, during the period of tenancy, has had a change of ownership. The original commercial lease conditions were upheld, and this was an REIQ standard format.
I approached the landlord in December to be released from my lease as our business is in financial difficulty and trade is very slow. A month later, I finally heard back from her that she refused my request.
I have not been able to keep up with rent payments. A breach notice was issued, and sadly I was overseas for the whole period and came back on the 7-day mark, intending to speak to her the next business day. I landed back home to find my landlord had locked the doors on the 3 rooms I occupy in her premises. This was March 4. One of the leases (3 separate leases) expired Feb 28, the other two at the end of March 2017.
Since then, I have made partial payment and also made 2 offers to settle - one with a payment plan, the other with the landlord holding stock as security. Both offers were rejected. the second offer was discussed with her on the phone, and i felt that she agreed in principle and asked that I have it presented in writing - still subsequently dismissed.
My stock and all business goods are still locked within my rooms with the landlord refusing access to retrieve basic requirements to run the business. My staff have been able to retrieve their personal belongings on submission of a finite list.
My landlord, in her initial notification stated that she would make orders to the court for a bailiff to sell my goods to recover her costs. I can't trade, I have had next to no income for almost 3 weeks, and with the leases expiring soon, I know the agents are showing the rooms (with valuable stock everywhere) without my permission.
Questions:
1. Does the landlord's actions in repossessing terminate the lease of that date?
2. Is she legally able to hold my goods to ransom like this?
3. Is she able to open the rooms for inspection like this when my goods are there?
4. Can she sell my goods without notification?
I don't think it responsible or prudent of me to incur further debt to pay her at this time as without any knowledge of whether I have stock to sell in order to repay her immediately. I think my offers have been fair
Thanks in advance,
