Commercial property service charge dispute - now locked out

[judas]

Note to mod: apologies for cross posting this in SP&L as well - just need to get some urgent advice for my best mate who's in a very bad place!

Just heard from a friend that he turned up at his workshop this morning to find the landlord has changed the locks. He's been in a dispute with them for quite a while over the service charge - basically they aren't maintaining the place properly and are refusing the provide a breakdown of the charges. He's withheld payment until the agreed amenities are restored and cost breakdown is provided. However, his rent has always been paid on time.

So to the questions:

1. Is the landlord permitted to do this given that the rent is up to date?
2. If not, is he allowed to force entry?

He's operating a one-man business so the impact is massive.

This article implies that the landlord has acted illegally: https://www.anthonygold.co.uk/latest/blog/forfeiti...

article said:

Forfeiture by peaceable re-entry is not available for any other breach other than non-payment of rent. For any other breach of covenant, a landlord must serve an s146 notice pursuant to the Law and Property Act 1925.

[Zoon]

Sounds highly illegal given the rent is up to date.

[singlecoil]

The landlord is obviously being extremely confrontational. If he's up to dealing with that in whatever form the next confrontation might take, then he should force his way back in. If not, then he needs to consult a solicitor urgently and get a court order.

[judas]

He's already talking to a commercial property solicitor, and it looks pretty clear that the landlord has acted illegally. The unanswered question is whether he's allowed to force entry to claim his stuff (there are also customer's cars locked in there) or whether the only remedy is through the courts. If it's the latter he's screwed unless it happens quickly as this could destroy his business

[singlecoil]

Depends on what you mean by 'allowed to'. The situation is already well outside what anyone is allowed to do. If he's already in contact with a solicitor then surely the solicitor will be able to provide this urgently needed information.

If that isn't possible then if I were him and it really was desperately urgent then I would go in and get my stuff. That's all anybody here is going to be able to say on the basis of such limited information, whether they would go in or not if they were in that position.

[surveyor]

As per other thread, it is not unusual that service charges etc are referred to as additional rents. In that way the landlord may indeed look to forfeiture.

There is relief - look up relief from forfeiture.

I hope whoever he is taking advice from is experience with regard to this.