andymc1973 199 Posted August 24, 2018 there is only a forfeiture order on the lease Share this post Link to post Share on other sites
trade vet 704 Posted August 24, 2018 Is the paintshop a proper business.Will your painter have a proper tenancy agreement,it is doubtful.He may have been paying his rent in cash,ask the painter.If that is the case,email the landlord and inform him you are going to break in and collect your stock.Also that you are going to inform your friend at HMRC that he has been receiving £150 per week ‘cash in hand’ rent for years.That may get a response from the landlord. Share this post Link to post Share on other sites
david gott 58 Posted August 24, 2018 A few years ago the opposite happened to me, the dimwit polish painter parked one of my cars outside his unit, went out for his dinner then when he came back it had gone, he thought it had been stolen, we even reported it stolen, 3 days later got a call from the police to say it had been towed away for not having any tax and was in the compound, I think it cost around £300 to get it back Share this post Link to post Share on other sites
andymc1973 199 Posted August 24, 2018 no he has an agreement he's just chose not to pay it, I have just managed to speak to the agent and he seems to think I can get the cars on Tuesday as he was only instructed to serve forfeiture on the tenancy agreement, hopefully fingers crossed, if not i will have to show the manheim receipts etc Share this post Link to post Share on other sites
trade vet 704 Posted August 24, 2018 12 minutes ago, andymc1973 said: no he has an agreement he's just chose not to pay it, I have just managed to speak to the agent and he seems to think I can get the cars on Tuesday as he was only instructed to serve forfeiture on the tenancy agreement, hopefully fingers crossed, if not i will have to show the manheim receipts etc That’s good. Share this post Link to post Share on other sites
andymc1973 199 Posted August 24, 2018 Been a long week Share this post Link to post Share on other sites
EPV 631 Posted August 24, 2018 Sounds promising Andy Share this post Link to post Share on other sites
Area 51 33 Posted August 24, 2018 1 hour ago, EPV said: The scallies could persuade him not to You can tell I've watched too many episodes of the sopranos love the whole baseball bat in the truck of the Merc routine, if reasoning dont work, visit the trunk.. even his Mrs did it! Share this post Link to post Share on other sites
Dealer 54 Posted August 24, 2018 (edited) 1 hour ago, EPV said: The scallies could persuade him not to You can tell I've watched too many episodes of the sopranos Start watching "narcos" james then "Pablo Escobar el patron del mal" on Netflix! Honestly it will enhance your life! Edited August 24, 2018 by Dealer Share this post Link to post Share on other sites
have a word with the wife 299 Posted August 24, 2018 1 hour ago, andymc1973 said: no he has an agreement he's just chose not to pay it, I have just managed to speak to the agent and he seems to think I can get the cars on Tuesday as he was only instructed to serve forfeiture on the tenancy agreement, hopefully fingers crossed, if not i will have to show the manheim receipts etc commercial property law is very complex, number one do not try to recover your goods by force, this will result in police / theft charge, reading your post it seems the landlord has instructed a agent , this will be a court approved bailiff it sounds like ? he has taken control of your goods, its called commercial rent areas recovery, you need to prove these are your goods before they are sold by the agent to offset landlords costs, you need to act quick, and in writing, registered letters, i assume no one "lived" at the property and there should be a notice on the door . Share this post Link to post Share on other sites
andymc1973 199 Posted August 24, 2018 Not sure if he’s a bailiff? He told me he’d just been asked to padlock the unit and execute forfeiture of the lease, he wasn’t instructed to attach anything to the goods inside, the painter is an utter prick who I’ll speak to when it’s all sorted Share this post Link to post Share on other sites
Arfur Dealy 823 Posted August 24, 2018 2 hours ago, andymc1973 said: there are cameras! I cant go to jail over a 2007 Mondeo and a 2010 Fiat 500, free the Chester one I would, just go in there and take back your property. It’s yours. 2 Share this post Link to post Share on other sites
have a word with the wife 299 Posted August 24, 2018 1 minute ago, Arfur Dealy said: I would, just go in there and take back your property. It’s yours. no unfortunately its not, its landlords if hes done the job right and used a enforcement agent, its landlords property that he is entitled to sell to cover the cost of rent, if you interfere with the goods and assuming these goods are being withheld for the purpose of sale to offset rent debt then its a year in prison or £2/25000 fineunless you can proove you did it lawfully, see my previous post on how to do it lawfully 17 minutes ago, andymc1973 said: Not sure if he’s a bailiff? He told me he’d just been asked to padlock the unit and execute forfeiture of the lease, he wasn’t instructed to attach anything to the goods inside, the painter is an utter prick who I’ll speak to when it’s all sorted that sounds like a certified enforcement agent [bailiff] find out if hes taken control of goods under commercial rent arrears recovery law Share this post Link to post Share on other sites
EPV 631 Posted August 24, 2018 Assuming that nothing has been placed on the cars themselves, in the shape of "do not move vehicle" or even clamped, what would happen then if, for example, the gates of this gaff were open. Just open, anyone can walk in. Andy takes his cars back, there's nothing on the cars remember, just the note on the gate, gate, which Andy didn't see, his eyesight isn't brilliant and it was early, he had a late night you know. And the gates were just open, little hood rates playing silly buggers etc. Now fast forward a day or two, the bailiffs turn up at Andy's pitch, waving bits of paper, Andy waves his bits of paper (V5's and AH receipts) and said bailiffs disappear in a puff of smoke. Is that so far fetched? Share this post Link to post Share on other sites
andymc1973 199 Posted August 25, 2018 I’ve spoken to the agent who represents the landlord and all he’s been asked to do is a forfeiture of the lease, he thinks I’ll be allowed in on Tuesday to get my cars and the tool his tools, he’s said the landlord has to allow this, the irony is the painter will move onto another unit and do the same as that’s how these people operate Share this post Link to post Share on other sites
It's me 615 Posted August 25, 2018 2 hours ago, andymc1973 said: I’ve spoken to the agent who represents the landlord and all he’s been asked to do is a forfeiture of the lease, he thinks I’ll be allowed in on Tuesday to get my cars and the tool his tools, he’s said the landlord has to allow this, the irony is the painter will move onto another unit and do the same as that’s how these people operate so its a whitewash then or lacquer over basecoat to epv i suggest you look at the lease terms very carefully before you move on to the property youve been offered,get a solicitor to draw up the terms yourself if you have to and get it signed by you and the landlord,also think carefully about the lease length you want,this is very important because if you set it up for one year on a rolling lease and become successful the landlord could give you notice to quit and reasign the property to say his his son in law and he could take over where you left off,its worth considering going ltd to limit your liabilities if it all goes tits too so you are not personally liable,im sure you know all this and maybe your posts above were tongue in cheek but having been on the wrong side of a landlord many years ago and losing a classic car in exactly the same circumstances i wouldnt want it to happen to anybody on here because once it goes legal it costs a lot of time and effort to hopefully get your car back Share this post Link to post Share on other sites
andymc1973 199 Posted August 25, 2018 the painter seems somewhat nonplussed by the shit storm he's left, the agent was quite canny, I have got his number in case I have any more concerns Share this post Link to post Share on other sites
ik1980 11 Posted August 25, 2018 Andy, just go with the agent and recover your goods. The Landlord or whoever cannot take them. Its a commercial building so the Landlord has to serve a notice then he can send recovery agents/bailiffs Share this post Link to post Share on other sites
trade vet 704 Posted August 25, 2018 The police will not be interested,too much paperwork involved for a non crime.I do sympathise Andy because most of us have had bad experiences with ‘dodgy painters’.That could be a new topic. Share this post Link to post Share on other sites
andymc1973 199 Posted August 25, 2018 a whole new meaning to the phrase "the painters are in" 1 Share this post Link to post Share on other sites
BHM 994 Posted August 25, 2018 In this trade we experience ‘dodgy painters’ cos most of us don’t want to pay the price of a proper one 1 Share this post Link to post Share on other sites
andymc1973 199 Posted August 25, 2018 ditto mechanics Share this post Link to post Share on other sites
have a word with the wife 299 Posted August 25, 2018 5 hours ago, ik1980 said: Its a commercial building so the Landlord has to serve a notice then he can send recovery agents/bailiffs They more than likely did 7 days ago, the "agent" who represents for the landlord, NOT READ THE THREAD ? 3 hours ago, trade vet said: The police will not be interested,too much paperwork involved for a non crime.I do sympathise Andy because most of us have had bad experiences with ‘dodgy painters’.That could be a new topic. Restrained goods [if they are] and the removing of them is very much a crime . andy, if you dont resolve this on tuesday, you must go to court and get a injunction on the selling of your property but ideally get legal advice sameday. Share this post Link to post Share on other sites
AutoJacob 34 Posted August 25, 2018 If they don't give you your goods by Tuesday, I'd seriously consider getting some scally's to recover them for you.. Share this post Link to post Share on other sites
It's me 615 Posted August 25, 2018 im pretty miffed by this thread ive given good solid first hand experience of this very problem but some of you bring it down to lets get the boys in and smash it the OP never gives thanks for help that really annoys me but i haven't blanked him yet ,but saying break in really goes beyond the pail, this is supposed to be a forum for professional people and the comments about breaking in whether tongue in cheek or for real really do not put this business in a good light Share this post Link to post Share on other sites