rent arrears and baliffs

[mollaoglu]

my friend runs a restaurant , the property is leased to him and he pays his rent every quarter. He is in dispute with his landlord over some other monies. On paying his last rent he received a letter from his landlord informing him that he had appropriated the rent money to clear the other debt and that therefore the rent was considered unpaid and over due. The letter went on to say that if payment was not received within 14 days he would arrange for a bailiff to call at the restaurant to remove goods to the value. I have told my friend that firstly I think he has no right to appropriate the monies this way and secondly to recover any amount of over due rent he has to first go to court. However my friend is convinced that he can just send a bailiff. Please advise

[themas]

Sounds a thoroughly unpleasant landlord.


This is a commercial lease & the law is different from that for residential ones. However, I am pretty certain your friend cannot be evicted without a Court order. He should get out his lease & take it to a solicitor who is experienced in commercial property law for advice.