Torts (Interference with Goods) Act 1977 - Injunction
Discussion
Wonder if anyone can help / offer a referral?
A friend (yes, really) has goods stored in a warehouse belonging to a third party. Third party's tenancy at will has come to an end (as in notice has been given and now ended), but landlord has not yet taken possession. This happened in the last couple of days.
The reason the site has not been cleared? Because the lift has broken. Lift was landlord's responsibility under the tenancy, but nonetheless it has not been fixed. So there's several tons of goods on the first floor that now need to be hand-carried out.
Landlord sent "contractors" to the site to clear it (actually some mates of the landlord's agent), armed with a letter purporting to transfer title of all goods on the site to the contractors. After some discussion, contractors left, but are likely to come back. Landlord has not taken possession (no re-entry, no possession order, etc.).
Torts (Interference with Goods) Act 1977 specifically provides that that is not legal - landlord can't just throw out goods. However, the question is how to actually make that happen without risk of having to physically try to resist entry or somesuch.
It is apparent that it is possible to obtain an injunction under the 1977 Act. However neither my friend nor I are experienced in the mechanics of that, and it would seem that time is of the essence. I'm honestly unclear which court to apply to, how to apply, and so on.
Why am I involved? Because I have some joint business with the friend in question, and so I'm just trying to help out - he's busy trying to round up strong people to carry man tons of goods down a staircase!
A friend (yes, really) has goods stored in a warehouse belonging to a third party. Third party's tenancy at will has come to an end (as in notice has been given and now ended), but landlord has not yet taken possession. This happened in the last couple of days.
The reason the site has not been cleared? Because the lift has broken. Lift was landlord's responsibility under the tenancy, but nonetheless it has not been fixed. So there's several tons of goods on the first floor that now need to be hand-carried out.
Landlord sent "contractors" to the site to clear it (actually some mates of the landlord's agent), armed with a letter purporting to transfer title of all goods on the site to the contractors. After some discussion, contractors left, but are likely to come back. Landlord has not taken possession (no re-entry, no possession order, etc.).
Torts (Interference with Goods) Act 1977 specifically provides that that is not legal - landlord can't just throw out goods. However, the question is how to actually make that happen without risk of having to physically try to resist entry or somesuch.
It is apparent that it is possible to obtain an injunction under the 1977 Act. However neither my friend nor I are experienced in the mechanics of that, and it would seem that time is of the essence. I'm honestly unclear which court to apply to, how to apply, and so on.
Why am I involved? Because I have some joint business with the friend in question, and so I'm just trying to help out - he's busy trying to round up strong people to carry man tons of goods down a staircase!
Sounds like a baiilment contract to me, therefore the warehouse owner cannot interfere with your goods as they clearly aren't abandoned, unless overdue rent etc but a few days shouldn't be enough time to claim them. Surprised he left it until last minute
INAL
INAL
Edited by Thesprucegoose on Sunday 5th August 20:22
Thanks. Landlord promised (in writing) to fix lift multiple times over several weeks. Engineers finally attended site on the last day of the notice but left pronouncing the lift unserviceable without considerable expenditure that hasn’t yet been signed-off.
I’m certainly not saying my friend is blameless in not pushing the point earlier... but he is where he is, and I’m just trying to help him not get totally shafted.
I suspect he’s going to need a solicitor - will need to call around in the am I suspect.
I’m certainly not saying my friend is blameless in not pushing the point earlier... but he is where he is, and I’m just trying to help him not get totally shafted.
I suspect he’s going to need a solicitor - will need to call around in the am I suspect.
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