mesne profit and storage charges advise

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    mesne profit and storage charges advise

    i had a 5 yrs lease which ended sept 19. The landlord agent and we agreed a new lease terms. The agent brought the new lease which we signed and returned to agent. We never heard anything back for 4-5 months. No rent was paid as previously rent was paid when invoice was posted through the door. How ever the landlord did not send invoice. After 3-4 months agent phones to say there was issue with the lease . it was not signed correctly and sent a new lease. We went through the lease and we believed had our personal names as guarantor in the lease this we did not agree to. we informed the agent . Again we did not hear anything for 4-5 months. The agent contacts us again that they can only have lease with personal name as guarantor. We start to look for new premises and find one . We move to new premises in July 20 through the same agent who originally acted for the landlord but since then he moved to start his own company. In sept20 this agent again brings a new lease without our personal names, but by this time the covid situation was taking grips and i declined to accept the rent and proposed a new rent. Again i did not hear anything for 2 months . Then landlord leaves a voice to say he has taken possession of the property and changed the locks and no one is authorised to enter the property. i contacted the landlord to make arrange ment to remove the rest of the goods. Some of it is removed and some will be removed in the next few visits. The land lords send a text message that he will claim mesne profits for the period sept 19 to nov 20 and storage charges £6 psft.
    the original lease was contracted out but this was not explicitly advised at the time of signing. The agent charged fees both the landlord and us for the draft the lease as legal cost. However ill advised us of implications.
    Will this situation be treated as tenancy at will as the landlord allowed us the keep occupation of the premises and do i have legal right to claim unlawful eviction. If it is treated as tenancy at will is in place then possession is unlawful as the possession are prevented till dec 2020 due to covid.
    How can i challenge the mesne profit equivalent to rent being claimed.
    i believe that "The landlord’s solicitors should send an open letter demanding possession of the property to the former tenant that has remained in occupation of the property" this did not happen
    i also believe "If the landlord would like to enter into a new lease, the landlord’s solicitors should send a separate letter to the former tenant at the same time as the open letter (and stated to be entirely “without prejudice” to the open letter), in which they state that the landlord is not intending to take proceedings for possession until after a stipulated date to allow negotiations for a new lease to take place, whilst reserving the landlord’s right to take such proceedings at any time if it chooses. The landlord should try and get the tenant to endorse and return a copy of this letter by way of acknowledgement." this also did no happen
    from google search i understand " the more time that passes between the expiry of a contracted out lease and the landlord taking action, or if the landlord (or its agents) demands rent for a period after the expiry of the lease, the tenant’s continued occupation could be deemed to be one of the following:-
    A tenancy at will. This can be created expressly or by inference and exists where there is a tenancy on terms that either party may determine at any time. It is not generally regarded as constituting an estate in land. A tenancy at will does not give the tenant a right to a lease renewal under the LTA 1954;
    Much appreciate if this may be posted for open discussion and comments to help me go through with this process.

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