Landlord changed lock to communal door

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    #16
    1. A freeholder, who owns the building.
    2. His tenant (gone missing) who rents a shop and 3 flats from the freeholder.
    3. You, who are a sub-tenant of the (gone missing) landlord, sub-renting the shop and flats from him.
    4. Your sub-sub tenants, who you sub-let the 2 flats to
    His tenant has not gone missing, his tenant has tried to eliminate me as a sub tenant after I had increased the value of the properties. the tenant is the freeholders niece. She stepped back and tried to create a ruse of surrendered lease to end my lease but still perform her contracts via texts from her agent. I have issued a section 40 to get her details but to no avail.


    Perhaps more to the point who are you now paying rent to (or not)?
    I pay into the same account I was given in 2012

    Are you collecting rent from your sub-tenants?

    the freeholder has started collecting rent from my tenants 2016, I have reported this to the police of which they say its a civil matter.

    And just who are you applying for an injunction against?

    the freeholder,b there has been nine incidents that all warrant police action but they seem to say its civil each time, I guess its because the freeholder works for the council and the police.


    You are going to need a solicitor who can see all the various tenancy agreements and make sure that all the sub-letting is legal/allowed in the
    yes it is a nightmare of which I have been trying to sort for two years now, I i will not be getting a solicitor, no money now.

    In particular did your landlord have permission in his lease to sub-let all the properties to you?
    yes

    the freeholder has tried to get possession of my shop but lost the case after I defended it.


    If he did have permission to sub-let to you then do you have permission in your lease to sub-let the 2 flats?
    yes I have permission in my six year lease to rent out.

    I have paid from 2012 up to November 2016 where I reduced the rents to bring this to a head as I am being fobbed off all the time by all parties
    instead of paying £1400 I pay £850 as of Nov 2016

    Comment


      #17
      Rather than collusion between the freeholder and the police, I think it is much more likely that the issues really aren't police matters.

      A lot of people incorrectly believe that matters are police matters when they are either civil matters or enforced by the council. The only reason the police might attend in such cases are to prevent a breach of the police, or as witnesses that no breaking and entering were occurring.

      Even if the matters turn out to be police matters, the most common cause for trying to pass them off as civil is underfunding; the police do not have the resources they need to deal with even the more serious crime.

      Changing the lock is, at most, likely to be obstructing a right of way, which is a civil matter. In some cases, there might be fire safety implications, but those are council or fire brigade matters. The only time it would become a police matter would be if was part of a campaign of harassment.

      I think, generally, we are getting the impression that we are not hearing the full story.

      Comment


        #18
        Originally posted by manzezs View Post
        His tenant has not gone missing, his tenant has tried to eliminate me as a sub tenant after I had increased the value of the properties. the tenant is the freeholders niece. She stepped back and tried to create a ruse of surrendered lease to end my lease but still perform her contracts via texts from her agent. I have issued a section 40 to get her details but to no avail.
        You did say, in post #12
        in 2014 after me spending the money on the properties to rent out, the landlord disappears..
        Your landlord being his tenant, ie.his niece.

        the freeholder has started collecting rent from my tenants 2016, I have reported this to the police of which they say its a civil matter.
        Tell your tenants not to pay him, if they have a TA with you then they owe you the rent, and so are now in rent arrears to you.
        (And have been giving him money for no legal reason).

        You need to take them to court for the arrears, they need to take him to court to get their money back off him.

        it is a nightmare of which I have been trying to sort for two years now, I i will not be getting a solicitor, no money now.
        You are probably going to lose it all then.

        You can stop him evicting you from your flat illegaly. That would be a criminal act.
        But all the rest, shop and flats, is a business/commercial argument, and those are legally expensive to sort out.

        TBH from what you say you do seem to be in the right (if you are telling it as it is), but you are going to have to fight for it, with the help of a solicitor, or walk away and cut your losses.

        Comment


          #19
          Of course you are not getting the full story I would be here for to long. I gave you the main points that I wanted advise about, is changing the lock on my communal door while I am not there illegal eviction and what do I put it down on the claim as?

          thanks nukecad, Im in it for the long run and im no quitter
          this is what I have, I want to start a part 7 with these claims but unsure about the illegal eviction part

          Claim 1 Unlawful eviction, damages under section 28 of the Housing Act 1988. Count 1 Incident number 1485122016 crime number 23N7/44419F/16
          Claim 2 Unlawful eviction, damages under section 28 of the Housing Act 1988. Count 2 Incident number 1061632018
          Claim 3 Exemplary Damages for Causation of Tort under common law three counts
          Claim 4 Compensation Damages breach of contract
          Claim 5 Speculative Damages.
          Claim 6 Compensation Damages (breach of contract)
          Claim 7 Compensation for Breach of statutory duty, duty to inform tenant of assignment of Landlord’s interest.
          Claim 8 Compensation for breach of statutory duties to give information.
          Claim 9 Damages personal injuries. My left toe was severely injured
          Claim 10, CPR rule 56.1 Section 214 of the Housing Act 2004
          Claim 11 Harassment incident number 2326042018
          Claim 12 Special damages. Damage to goods belonging to me, because of the disrepair.
          Claim 13 Damages for Misrepresentation under Misrepresentation Act 1967 CHAPTER 7. 3 counts
          Claim 14 Unlawful eviction, damages under section 28 of the Housing Act 1988.

          Comment


            #20
            Originally posted by leaseholder64 View Post
            Rather than collusion between the freeholder and the police, I think it is much more likely that the issues really aren't police matters.

            A lot of people incorrectly believe that matters are police matters when they are either civil matters or enforced by the council. The only reason the police might attend in such cases are to prevent a breach of the police, or as witnesses that no breaking and entering were occurring.

            Even if the matters turn out to be police matters, the most common cause for trying to pass them off as civil is underfunding; the police do not have the resources they need to deal with even the more serious crime.

            Changing the lock is, at most, likely to be obstructing a right of way, which is a civil matter. In some cases, there might be fire safety implications, but those are council or fire brigade matters. The only time it would become a police matter would be if was part of a campaign of harassment.

            I think, generally, we are getting the impression that we are not hearing the full story.
            It is a campaign of harassment
            Incidents
            1. SINGH did put signs on my cars saying they will be removed with the intention to harass me on 8/11/2016
            2. SINGH did cause the lock to my front communal door to be changed 05/12/2016 with no notifications to me, nor permissions from me while I was not there.
            3. SINGH did place a double garden shed in my communal garden on 17/9/2017 with no permission neither sought nor given
            4. SINGH did apply to change planning permission for change of use (R17/1980) of my shop to residence on 2/11/2017 with no permission sought or given by me if the application is successful I can no longer trade from the shop.
            5. SINGH did inform the council, police, environmental health that I was a squatter/ trespasser so as to stop me from getting normal remedy and protections as would be expected by a reasonable person on unknown date believed to be 2016 and 2017
            6. SINGH did start works 7/10/2017 and did leave half-finished works in my flat so as to cause breach of my quiet enjoyment resulting in me leaving my home.
            7. 2/12/2017 SINGH’s agent did change the lock on my garage and failed to give me a key
            8. 2018 SINGH did change the name of my electricity supply to my flat and shop into another name preventing me from my bills and access to the account without my permission.
            9. On 19/4/2018 SINGH did change the locks to my property, unlawful eviction, while I was not there, nor did he give me any reasonable notice. Around 4.27pm on the 19/4/2018 while I was in Coventry.

            Comment


              #21
              1. Neighbour dispute. (Possibly business dispute).
              2. Mainly a business dispute, coloured by the the fact that it also temporararily denied you access to your home. (See #9).
              3. If he's the freeholder then that's his decision/right. (Unless something in your lease says otherwise).
              4. As the freeholder that's his right. (If he tries to actually make changes then that's a business dispute).
              5. This might be correct if he has evicted his tenant (your landlord) and you have paid no rent to him then you would be a squatter.
                There are different laws for squatters in residential or commercial property.
                If you have paid rent to him for your home then he has accepted you as his tenant for your home.
              6. Residental tenancy dispute.
              7. Could be either business or residential, is the garage mentioned on the deeds for your flat, the one you live in? or on the deeds for your business (Shop, other flats)?
              8. I'd be quite happy for my landlord to pay my electricity bill. If he's changed it into his name then he has to pay it.
              9. This is #2 again - If that was the entry door to your home possibly attempted illegal eviction, you won't get far with that if he later gave you a key.
                If it was the (communal) entry to the other properties it's a commercial dispute.

              Do try to keep the residential and business issues seperate.

              As you originally noted your home, and your business come under two different sets of legislation and rules.

              Protect your home first, and then try to sort out the business aspects.

              You are trying to put the two together which is just going to confuse everyone, and get any attempted court action sent back for clarification.

              You really need a solicitor (or even two) to seperate the home and business aspects.

              Comment


                #22
                Answered, but post went to moderation when I edited it.

                Come on Admin, sent to moderation for a single edit of a spelling mistake?

                Comment

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