Business being constantly entered unauthorised

[CraftyCats]

There’s quite a long back story to this but to try and condense down. I own a business that’s quite niche and within my premises I have quite a hefty amount of equipment that costs an absolute fortune.

We have been closed for a while now due to ongoing work in other parts of our building impacting our access and are due to reopen soon.

I arrived this morning with my staff for preparation to reopen and undertake some set up only to find builders gained access to my premises and had my doors wedged open. The shop floor area was completely covered in dust with partial parts of my ceilings removed. They’ve trampled over everything with complete disregard to my possessions.

We called the police who have been as helpful as a chocolate teapot. Trying ti push me to go down the civil route.

I’ve gone through our CCTV that has shown them in my shop numerous times over the past few weeks using the toilets charging their phones etc
They have gained access through my fire escape door that joins to another adjacent business.

I’m absolutely furious. I have not given anyone permission to be in my premises yet I’m being made to feel like I’m being completely unreasonable!! Landlord is closing ranks and I’m waiting to get an appointment with my solicitor.

Surely anyone would ring the police in these circumstances?

No trespass like this is a civil matter. Presumably they are being granted access by the landlord?

Do you own the space your business is in, or is it the landlord? I'm assuming they're allowed access if the landlord has given it? If you do rent it, does your rental agreement say anything about access for building works etc?

Who are the builders employed by? Why are they there?

Your lease will likely include a clause granting the landlord and his agents access for maintenance etc. It's not your home you don't have legally protected rights to privacy etc.

Quantify the damage and request payment from the landlord.

Annoying, but not really a police matter.

No I wouldn't call the police. I would call the landlord, state you have not been notified they need access or given permission. Plus check my lease for any clause allowing access for repairs. Then I would bill the landlord for the clean up.

Best to check your lease before you spend money on a solicitor but I would be expecting the landlord to make good any damage including cleaning and too notify you if they need access in future, for essential work, not just using your toilet and electricity.

If the landlord has given them permission, I think your disagreement is with him and it may well be civil.

But if the landlord didn't give them permission, I would have thought that's breaking and entering? And yes, I would have called the police.

Breaking and entering doesn't exist in the UK, its a US offence like jaywalking. Here it's burglary, and for a burglary to be committed they can't have had permission to enter that building or part of the building.

If they have been given permission to enter by the landlord, no criminal offences are being committed. The police literally have no powers to act here.

OP hasn't said if this is essential work, whether the landlord is organising it or what the situation is as to why the builders are in her unit, but the issues of the mess caused during the work and the cleaning etc is definitely a civil matter an not criminal.

In regards to our lease agreement it stipulates that unless in emergency at least 7 days notice is required to gain entry under any other circumstances. The contractor isn’t employed by the landlord but by another tenant. The landlord has advised over text message when he finally responded to my calls that permission hasn’t been sought from them but that there may have been miscommunication somewhere. He has now went into hiding and refusing to answer my phone calls.

We have so far found 4 broken ceiling tiles from them dismantling our new suspended ceilings. Also we have an expensive piece of equipment costing nearly 10k that’s completely filled with debris and dust.

i would check your insurance and that is likely to be the only way you may be able to recoup any costs

They are drilling through my walls above my suspended ceiling to connect wiring for new outside lighting and to install pipes as far as we have been told so far.

If the police can arrest a man for throwing an egg, I am pretty sure you were right to call them for criminal damage