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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

miss marsh

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Old Oct 19th, 2008, 07:18 AM     #1
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Default miss marsh

Hi i have been in disprute with my landlord over rent and vat .They have locked me out off my shop without any legal documents or court order. They have threathened to get balifs to remove my goods. They oue me money, Can they do this? and what can i do to gain entry to either trade or to remove my equipment. I am losing business every day my business is closed. What can i do. I can also end up losing every thing including my home if i can not trade.
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Old Oct 20th, 2008, 07:53 AM     #2
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Default Re: miss marsh

What is the dispute over money? (And what is "vat"?) Why do you believe the owner owes you money?

In a commercial rental, the owner usually reserves the right through commercial lease to lock out a tenant who has failed to pay what is owed. Some areas allow an owner to seize the business property and sell it to repay the owner. If the owner doesn't want the property, he may have it removed. Commerical tenants don't have the rights of a residential tenant unless there are special commercial rental laws in your area. Please check for these special laws. Normal LL-Tenant laws do not apply to commercial rentals unless they specifically state so.

If he owes you money and you are not in arrears, you may have to seek an injunction from a court to stop his lockout and seizure of your possessions. Absent this, you may have no access to your property inside. Check for commerical rental laws and file for an injunction to prevent him from disposing of your property until a court settles this dispute.
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Old Oct 20th, 2008, 09:30 AM     #3
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Default Re: miss marsh

value added tax (VAT) in the UK

a tax on most any service or product


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Old Oct 20th, 2008, 10:59 PM     #4
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Default Re: miss marsh

Aaah! V.A.T., I understand now. I thought it was a typo and the tenant was complaining about something else (maybe a cat). Still, why does the poster believe the owner owes him/her money? No one has explained this. The tenant pays the LL, not the other way around.

All I can say is, if the owner truely owes money to the tenant for a rent overpayment or some other reason, the only way to gain access to the unit is through an injunction from a court.

But with the tenant being locked out over a dispute about rent, I don't see how the owner owes the tenant.
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