Torts (interference with goods) act 1977 - help

[Arizona]

Hi all,

My tenancy at a local shopping centre ended in August of this year.

When the tenancy ended both myself and my business partner were banned from the centre (for reasons still unclear) and therefore we were unable to remove the RMU (Kiosk) and stock we had.

The landlord placed the stand in storage and has extensively and purposefully damaged it in the process.

The landlords office has now issued us 14 days notice under the Torts (interference with goods) act 1977 giving us until 24th December to collect or it will be disposed of.

The landlords office respond to contact as and when they feel like it so effectively we haven't had 14 days notice and when we did arrange collection they kicked us off site as we were taking pictures of the damages before we moved the stand.

Is there any way we can stop the landlord disposing of the stand? they won't provide any assistance whatsoever.

Any help?

 

[ethical PR]

If there is enough value speak to a commercial solicitor, if not move on.

 

[DutchExpert]

Hi Arizona,

Sorry to hear this has happened to you. I agree with ethical PR to some degree. You have to decide whether the items are worth the trouble. It sounds like you already made that decision, however, and are serious about pursuing this.

So, you should send them a letter NOW, preferably by special delivery. (I would send or confirm all correspondence by special delivery, including your attempts to set a date for collection, and I hope you did that.)

1. The Torts (interference with goods) act 1977 exists to protect your goods to a reasonable extent, while also making sure that the other side cannot be held liable unreasonably. August is a while ago... What happened between August and now?

2. I am interested in what went on when you were on the site to collect the items. When was that? How did they kick you off the site? Do you have evidence that you were kicked off the site? Did you manage to take any photos, or none at all? Do you have witnesses?

3. If you have good evidence of damage, it may mean that you can prove that they have now actually violated the Torts (interference with goods) act 1977. Then they could be liable for the damages (would have to reimburse you).

What do you mean by "purposefully" damaged? Did they take a hammer and destroy the items, for instance? Did they leave them out in the rain for a week? Did someone witness this activity?

Do you have photos or video of what the items looked like right before you were denied access to them? Or witnesses?

4. Do you have any evidence of the fact that they didn't really give you 14 days' notice? Can you prove that they're not being reasonable? (which goes back to "what happened between August and now")

5. Do you have evidence that you were banned from the shopping centre and that this meant you were unable to collect/remove the goods at the time?

6. Most importantly, perhaps, do what you can to collect the items today or tomorrow.

The above is off the top of my head. It does not constitute legal advice, and you should not see it that way. But I hope it helps.

Hi all,

My tenancy at a local shopping centre ended in August of this year.

When the tenancy ended both myself and my business partner were banned from the centre (for reasons still unclear) and therefore we were unable to remove the RMU (Kiosk) and stock we had.

The landlord placed the stand in storage and has extensively and purposefully damaged it in the process.

The landlords office has now issued us 14 days notice under the Torts (interference with goods) act 1977 giving us until 24th December to collect or it will be disposed of.

The landlords office respond to contact as and when they feel like it so effectively we haven't had 14 days notice and when we did arrange collection they kicked us off site as we were taking pictures of the damages before we moved the stand.

Is there any way we can stop the landlord disposing of the stand? they won't provide any assistance whatsoever.

Any help?

 

[DutchExpert]

Arizona, I just found your earlier post.

Did they at any point ask you if they could sell your stock to make up toward the money owed?

The fact that the stand itself is not your property is interesting too. Did they know that? Do you have any of this in writing, including the fact that you were paying rent for the physical stand as well? (Has your friend been contacting them as well to get the stand back? I hope so.)

Looking into for example the following two cases may help you gain an understanding of the legal issues. Go to www bailii org and search for "Gromore" (then select New v Gromore) and for "Robot Arenas Ltd"

Again, you should not see my replies here as legal advice b/c there is too much I don't know.

Good luck, and Merry Christmas.