Is this unlawful eviction? Commercial property

[Shellsbells]

Hi all, I need some help on behalf of my employer with regards to a commercial lease please. He was given notice to vacate a commercial premises on 10th may 2019. Last day of lease to be 26th May 2019. Rent is all up to date and no other issues, the landlord just wants to bring the business in house. Its a small cafe owned by a local authority. On 11th may 2019, it was found that the locks had been changed and the worker could not gain access. Someone else working on site had a new key and let the worker in and the company traded on Sat 11th and Sunday 12th but its just not practical not to have keys to the premises as its a remote location and therefore the business can only open when the new keyholder is present. is this trespass? My belief is that by changing the locks, the landlord has terminated the lease and my employer should not have to pay rent from 11th May and also there must be an issue about quiet enjoyment. There was no notice left on the premises advising that locks have been changed etc. I think this is an unlawful eviction. Can someone give me some advice please? Many thanks

 

[fisicx]

What's unlawful about it?

If they agreed to vacate on 10th then changing the locks on the 11th all seems quite normal.

The only thing they need to do is negotiate a refund on the 16 days remaining on the lease.

 

[Shellsbells]

No, the notice does not end until 26th May 2019 and so he should be able to keep trading until then

 

[Shellsbells]

Notice issued 10th May for lease to end 26th May 2019 sorry for confusion

 

[fisicx]

In which case he should be able to trade until 26th.

While it may be an unlawful eviction the changes of a resolution before the 26th is unlikely. So it's then a matter for the courts to determine compensation.

 

[Shellsbells]

is he liable for rent 5th May to 26th May if this is unlawful eviction?

 

[deniser]

Who is the "someone else working on site" who had the new key? Which "site"? Does that person work in the cafe?

Or is the cafe inside another building? Or is it self contained with its own access?

Does the lease say anything about restricted access times?

 

[Shellsbells]

The site is owned by local authority and the cafe rented from them. On site are "rangers" who look after the site (employed by the local authority). They cut the grass etc.The ranger had a new key. The ranger does not work in the cafe and is nothing to do with our business. Cafe is self contained with its own access. Nothing about restricted access in lease.

 

[Newchodge]

If the local authority is bringing the service back in-house then TUPE will apply to the employees. I suggest that someone raises this with the local authority legal department.

 

[Shellsbells]

Staff are on casual contracts but will be offered work at another of our cafes

 

[Newchodge]

Staff are on casual contracts but will be offered work at another of our cafes

That is totally irrelevant. TUPE applies if there is a relevant transfer. If, separately, the relevant staff choose to take a job with their old employer, that is their business, but it does not negate TUPE. It is something that can be used to put additional pressure on the council.

 

[Shellsbells]

The staff (theres only 2) have said that they do not want to work for the local authority and will only work for my employer. They are on casual contracts and so can refuse work etc

 

[MOIC]

What does the lease say regarding notice given by either party to terminate the lease? It's usually 3 to 6 months.

What legal advice have you taken?

 

[Shellsbells]

The lease says 2 weeks notice. he hasnt taken legal advice yet as I wanted to gather some info for him before he pays a hefty sum to a solicitor

 

[deniser]

I agree that on the face of it (obviously without having sight of the lease and knowing the whole circumstances including whether there have been any breaches of covenant), changing the locks would be in breach of the lease.

Have you taken it up with the Council and asked them to provide you with a new key?

Do you only trade at the weekend or what was the position since the weekend?

Has your lease been contracted out of the Landlord and Tenant Act 1954?

How long have you been trading there?

Do you want to continue trading there or do you want to stop?

 

[Shellsbells]

There have been no breaches of covenant on my employers part.
No not asked for new key yet.
Only trade weekends at this time of the year but in few weeks it will be 7 days per week.
Not aware lease contracted out of Act.
Been trading there since April 2016.
No choice whether to continue or not as LA are adamant they are bringing it all in house (they have taken back other similar set ups - not rent ed by us)

 

[MOIC]

The lease says 2 weeks notice

So the landlord should comply with this.

Are you 100% sure that no covenants have been breached as @deniser has mentioned above?

To give accurate advice, a person needs to read the lease in it's entirety, anything else is mostly guesswork, which may confuse you.

I would try to get the 2 weeks rent back and any deposit you paid up front, as well as any property you own in the cafe. Then walk away.

 

[Shellsbells]

They have complied with it but surely they cannot change the locks the day after giving notice?

We are in the process of selling everything that belongs to my boss.

On what grounds could he get his deposit back?

 

[Mr D]

On what grounds could he get his deposit back?

Usually the fact its a deposit?

 

[Shellsbells]

thats sorted apparently hes had confirmation thats coming back to him

 

[parkingandsecurity]

The "My employer" bit seems odd to me. Sounds like a situation of "asking for a mate". Why does your boss not seek professional independant legal advice at which point he or she can provide full and frank disclosure of all documents so correct advice can be given rather than a second hand half story with only bits of the information?

This is a very important situation that should be dealt with properly so if this sounds harsh then I apologise but posting on here with drip-fed information wont help us help you/your boss

 

[Shellsbells]

It IS my employer. Im not prepared to mention the company on here but if I did you would see Im not a Director. I am the Office Manager but I do have some experience of running my own business and this morning he advised me in passing that the LA had changed the locks and I advised that I really did not think that was lawful. Its not my company Im just on the payroll. The company is financially unstable and so I said that I would find out some basic info for him first to see whether some time with a solicitor is needed.

My question was if it is lawful for a landlord to change the locks within a notice period. Obviously people have asked questions and thats fine but it wasnt my intention to drip feed.

 

[parkingandsecurity]

It depends on the situation. In answer to your exact question probably not lawful.

But if your question is lacking information such as your boss hasn't paid the rent or breached the lease in some other manner than probably fine, depending who changed the locks and so on .. but then allowing access after changing the locks could show intent to allow the tenant to re-enter which then becomes another issue.

 

[Shellsbells]

well that was my question. whether letting the worker back in to work was an issue but not having keys to his own cafe is a problem and does affect quiet enjoyment as they have to arrange for key holder to be on site etc and when there are deliveries outside of working hours its a faff as they have to make arrangements with the keyholder. I feel like Im repeating myself but rent is up to date and no breaches etc. Locks were changed by the landlord ie the LA.

 

[parkingandsecurity]

If the lease was deemed to be forfeited then there is no issues insofar as rights of peaceful enjoyment. if the notice was given and the landlord just changed the locks report it to the police for breaking and entering and change the locks back yourself (or your boss)

 

[MOIC]

The lease says 2 weeks notice.

They have complied with it but surely they cannot change the locks the day after giving notice?

Your 2 statements above cannot be right.

If he was given notice on the 10th and the locks changed on the 11th, then thats just 1 days notice, not 14.

Write to the LA and demand the balance of rent as well as entry to recover your property from the premises. If they don't comply, seek advice from a solicitor or CAB.

 

[WaveJumper]

Something is clearly amiss here the facts do not seem to add up. Putting all that aside for the moment who gave the on-site rangers authority to let the employees back into the premises

 

[deniser]

What goes on in the premises on the weekdays? Is it used for something else ie. are the premises shared? Or are you the only ones with access?

The reason I ask is that someone trading as a business for more than 6 months (sometimes a year) from non shared premises who has not contracted out of the Landlord & Tenant Act 1954 usually has security of tenure. There are situations in which they can get you out but you are usually entitled to compensation and they wouldn't usually be able to get you out on 2 weeks notice - need all the facts to elaborate though.

 

[ethical PR]

well that was my question. whether letting the worker back in to work was an issue but not having keys to his own cafe is a problem and does affect quiet enjoyment as they have to arrange for key holder to be on site etc and when there are deliveries outside of working hours its a faff as they have to make arrangements with the keyholder. I feel like Im repeating myself but rent is up to date and no breaches etc. Locks were changed by the landlord ie the LA.

Your 'employer' needs to visit the solicitor he used to take out the lease. It is not that expensive to have an initial consultation. No-one on here can provide information that can be relied on based on what you have told us.

Something about this doesn't add up, particularly when you look at your previous posts - is this 'employer' you refer to your husband, and is the lease in question the one you mention in an earlier thread?

https://www.ukbusinessforums.co.uk/threads/commercial-lease-help-please.385798/