Landlord's Right Of Lien

[bob561941]

The landlord has a right to withold or ultimately dispose of some or all of the contents of the garage untill the tenant has paid all charges and payments outstanding under this contract.These include any charges that the landlord has paid out on the tenant's behalf.While the landlord holds the goods and waits for payment the tenant will be liable to pay all the storage charges and any costs incurred by witholding the tenants goods and these terms and conditions will continue to apply.
This is a quote from a tenancy agreement on a lock up garage I have used as a landlord. I wish to terminate a tenancy due to many reasons including threats on my life.Do I have to get a court order in addition to the right of lien that the tenant has agreed to ?

[boxtops]

I'd seek proper legal advice, a.s.a.p., if I were you.

[tonywiltshire]

You are quite correct a Lien is the right of one person to retain possession of goods owned by another until claims against the owner of the goods have been satisfied; a lien is a form of security.
If you are Landlord and wish to remove a tenant what does the contract say should be the procedure and when was it signed and why is the Lien significant in this?
Threats to your life can be a civil or criminal, if believed by you, matter and should be reported to the Police with the evidence. I suggest you follow the advice of boxtops.

[bob561941]

thanks for your reply tony let me explain the situation,I own blocks of lockup garages which I rent on a month to month basis with a minimum of six months.
I have been doing this for many years and 99% of the time have no problems.
This tenant started to upset other garage tenants by fly tipping old tyres and junk outside his garage in spite of me telling him not to,the local council contacted me threatening to take action against me if I did not do something.
I instructed a waste clearance contractor to remove the rubbish. The tenant tried to get me arrested for this but the police understood the situation and did nothing.When the rubbish was being cleared i attended the site,the tenant turned up shouting the odds and threatening me with his fists and saying "I'm going to kill you" which I recorded on a dictation machine.Took the recording to the police who said I had provoked the tenant into this action.
and did nothing.The tenant has started to pay his rent late and I have given him notice to quit.As this is not a residential tenancy I am trying to find out if a Court Order is necessary.

[tonywiltshire]

The Police should take seriously a threat of any violence to you, if it is believed by you and preferably heard by another or in a permanent form, they will probably not just accept your word, I would return to them and remind them of their responsibilities where you have proof of a threat of violence to you which you believe.
I do not know what type of agreement you have for your garages, you are correct it is not an Assured Shorthold Tenancy but probably a lease agreement in common law which will require at least 7 days’ notice to quit and provides very little protection to the tenant, the problem will be if the tenant does not move out on the day nominated.

[bob561941]

Thankyou for your reply tony. I have played the recording to the police at the police station they promptly stated that they would take my recorder from me as evidence if I insisted that they took some action I had to back down fearing that once the evidence was in their possession the the recording would be accidentally wiped.Another tenant was present when this incident occurred but i didn't want to involve him.I didn't realise that I have to give just 7 days notice I thought it was 28days the tenant has paid rent for the month of May
and I presume that I will have to issue another notice to quit on the first of July. The terminology I use is
(I hereby give you notice to quit and deliver up to me the possession of garage no x held by you as a monthly tenant.) Should I now add (on the seventh day of July)? and is their any other terminology such as Common Law
that I should include.

[tonywiltshire]

7 Days is the minimum notice you should give the tenant you can give more if you wish, make clear when this notice expires, mention the original agreement when issuing notice to quit but there is no need to mention common law, as mentioned the problem will be if the tenant does not move out on the correct date.

[Peter Pedant]

sympathy Bobo

not every tenant is a tenant from hell
but when they are .......

my sympathy