Forced out of my business premises by co-leaseholder. Landlord says 'nothing to do with me.'

monewden

I am a small business owner renting premises in a former town hall. The town hall has three large rooms each with their own separate lease. I hold the lease over one of the rooms whilst another lady holds the lease over the other two rooms - lets call her Mrs P. My room at the back is accessed via a shared corridor and there is a large front door. In June, just after lockdown, Mrs P claimed I owed her money for maintaining the premises during the lockdown. I had not been into the premises throughout the lockdown and no contract had been drawn up between us. I therefore refused to pay and this resulted in a fall out. I gave the landlord my notice to quit by the end of August. On the 4th August Mrs P responded to my supposed failure to pay by changing the locks of the premises so I could no longer access the building. She further packed my items up in boxes and dumped it in a porch so that my shop was empty. When I arrived to remonstrate with her I found she had hired a thug who proceeded to punch and kick me across the street. I called the police but all they did was stand by whilst I loaded my items up into boxes (one word against the other and all that). They further advised me not to go back to the shop for my own safety. I called the landlord several times over this, naturally enough, but each time he told me it was not his issue and I must take it up with the police or the civil courts. Aside from a couple of phone calls to Mrs P, who has been defiant each time, the landlord has not helped at all. He is now demanding the final month's rent of £450. Now, I am keen to draw a line over this whole thing but I cannot see how the landlord can ask for rent when I have been effectively locked out of the shop for the last month. When I rented privately as a student the landlord took responsibility for problem tenants. Surely he must do the same here or does he have no responsibility for this at all as he thinks? The only other option, In suppose, would be to pay him the rent and then take Mrs P to the small claims court but this would be an awful fuss and I really do want it all to be over. The landlord has not even arranged for me to have the keys to the new locks, simply told me if I choose to break down the door I must leave it secure! Seeing as my shop has been closed down overnight I now have a much reduced income and cannot afford to pay even if I wanted to. This new demand only adds to my worries. Anyone know what I should do?

daveyjp

Sounds a mess.  Your only contract is with the landlord. 

What so you want from this?

If the locks are changed and you no longer have access to a room you have a lease for the landlord is denying you access to your property, he can't do that without good reason.

Forget anything about student flat lets etc.  This is a business to business situation and different laws apply.

monewden

Thanks so much for your reply. To tell you the truth I want to draw a line under this. There are a lot of people advising me to go to the small claims court but really I just want to move on with my life without the worry. The loss of the shop has not been a financial catastrophe for me, I have managed to find another job and so I'm happy to move on. My main problem is the landlord demanding rent having been completely useless during my previous dispute. I have a feeling he will tell me to pay him the rent and then go after Mrs P through the small claims court to be reimbursed which I don't want to do. As you say I have been locked out of a property I lease. Yes, it was not him who locked me out but all the same he has done nothing about allowing me to access the property once more and therefore I really don't see how I can possibly owe him anything

daveyjp

Landlord sounds like an amateur or a bully.

Maybe remind him he his in breach of contract by not allowing you access to premises for which you have an agreement,  this opens him up to a claim from you for damages.

J_B

Dear Landlord

Sorry, I can't pay the bill as I was locked out by your other tenant - I did bring this to your attention, but you declined to assist in any way so I feel unable to pay for something that you did not provide!

monewden

Thank you. This has been very helpful. So I think what I should go back and say to the landlord that whilst my argument with the other leaseholder is certainly not his concern my being allowed access to the property certainly is. If the other leaseholder has changed the locks it is his responsibility to see that I retain the right of access. Not doing so means he has been complicit in denying me access which is a breach of the leaseholder agreement; therefore he cannot expect me to pay the final month of rent

bengalknights

monewden said:

Thank you. This has been very helpful. So I think what I should go back and say to the landlord that whilst my argument with the other leaseholder is certainly not his concern my being allowed access to the property certainly is. If the other leaseholder has changed the locks it is his responsibility to see that I retain the right of access. Not doing so means he has been complicit in denying me access which is a breach of the leaseholder agreement; therefore he cannot expect me to pay the final month of rent

The right to change the locks is of that of the landlord, you should withold the rent from the landlord as they did not provide you access to premises you paid for.and from the other co leaser claim loss of business revenue/damage to stock.

Niv

bengalknights said:

monewden said:

Thank you. This has been very helpful. So I think what I should go back and say to the landlord that whilst my argument with the other leaseholder is certainly not his concern my being allowed access to the property certainly is. If the other leaseholder has changed the locks it is his responsibility to see that I retain the right of access. Not doing so means he has been complicit in denying me access which is a breach of the leaseholder agreement; therefore he cannot expect me to pay the final month of rent

The right to change the locks is of that of the landlord, you should withold the rent from the landlord as they did not provide you access to premises you paid for.and from the other co leaser claim loss of business revenue/damage to stock.

The landlord didn't change the locks the other leaseholder did - the landlord may also not have a key, I didn't see it confirmed that he did.

monewden

Niv said:

bengalknights said:

monewden said:

Thank you. This has been very helpful. So I think what I should go back and say to the landlord that whilst my argument with the other leaseholder is certainly not his concern my being allowed access to the property certainly is. If the other leaseholder has changed the locks it is his responsibility to see that I retain the right of access. Not doing so means he has been complicit in denying me access which is a breach of the leaseholder agreement; therefore he cannot expect me to pay the final month of rent

The right to change the locks is of that of the landlord, you should withold the rent from the landlord as they did not provide you access to premises you paid for.and from the other co leaser claim loss of business revenue/damage to stock.

The landlord didn't change the locks the other leaseholder did - the landlord may also not have a key, I didn't see it confirmed that he did.

I'm not sure if he does have the key. The problem is provided he gets his money each month he doesn't seem to care one way or the other. However surely if he declines to demand access to his own building he must at least insist on his paying leaseholder having access?

bris

You cant get locked out from your own premises, you just get a lock smith to let you back in.

Nothing the other tenant or landlord can do about it without a court order for eviction.

The real problem is the other tenant, although I find it hard to believe the police wont get involved with the assault claim.

The LL really doesn't have anything to do with this, you have a contract, he needs paying. Either stand up to the other tenant and move back in or let her win and pay until the contract ends.

monewden

bris said:

You cant get locked out from your own premises, you just get a lock smith to let you back in.

Nothing the other tenant or landlord can do about it without a court order for eviction.

The real problem is the other tenant, although I find it hard to believe the police wont get involved with the assault claim.

The LL really doesn't have anything to do with this, you have a contract, he needs paying. Either stand up to the other tenant and move back in or let her win and pay until the contract ends.

The police won't do anything when it is my word against that of three others. I didn't have any injuries requiring medical treatment; they all banded together.