Summary
Our client instructed us following goods in his shop having been seized by his Landlord following eviction by Bailiffs instructed by the Landlord.
Despite the issue of rent having been resolved, the Landlord refused to return the Goods, purporting that liabilities were owed following eviction.
Our client instructed us to seek recovery of the Goods following attempts made through his previous Solicitors who had acted in relation to the possession action having been unsuccessful.
The Law
Pursuant to the action taken by the Landlord, they became involuntary Bailees responsible for the safe keeping of the Goods within the Property and were obliged to return the goods.
Whilst there was a dispute in relation to liabilities owed, the Landlord could not unreasonably withhold the Goods.
Settlement
An action was pursued by us on behalf of our client, which included covert recording undertaken by attending at the shop, which revealed that the Landlord was selling the Goods, we were able to pursue recovery of goods plus losses arising from goods sold or missing.
Whilst there was a dispute concerning the amount of the Goods and items which were missing or not kept safe, in the Court action pursued we were able to prove the Landlord failed in his duty and responsibility as Bailee. The Landlord's duty applied, irrespective of whether they agreed.to act as Bailees responsible for the Goods.
The claim was successful and our client was able to recover the majority of his goods with a value in excess of £50,000 plus losses in respect of items missing and/or disposed of by the Landlord, plus legal costs.