TC09667 - [2025] UKFTT 01254 (TC)

Len Lothian operates a self-storage facility at 31–35 MacLellan Street, Kinning Park, Glasgow.

Customers hire the use of units. The units are secured by customers using padlocks that the customers provide. Len Lothian does not keep keys to these padlocks. The doors to the units contain the ability to attach a second padlock. This second padlock position would be used by Len Lothian to secure the unit, a process termed “overlocking”, including when a customer fails to pay the storage fee.

The units are all located off a long corridor. The corridor is accessed either via a door leading from the front-office, or via a shutter at the end of the corridor. When customers are there the shutter is often raised and so other customers can access the corridor without going through the front-office. Customers are issued with a fob which can open the door in the front-office leading to the corridor. There is a button inside the corridor that customers can use to raise the shutter.

The facility is locked from 6pm until the facility re-opens in the morning. While the facility is closed customers have no access.

The business involves leasing storage units to customers under standard self storage licence agreements, based on the standard terms of the Self Storage Association UK. The relevant standard form terms, in which Len Lothian is referred to as “FO” (an abbreviation for Facility Operator) include the following:

“STORAGE:

1.

So long as all fees are paid up to date, You: (a) are licensed to store Goods in the Unit allocated to You by FO from time to time and only in that Unit…

…

5.

You are responsible to pay: (a) the Storage Fee…

DEFAULT - RIGHT TO SELL OR DISPOSE OF GOODS:

6.

FO takes the issue of prompt payment seriously and has a right of lien, which is a right to seize and sell or otherwise dispose of some or all of the Goods as security for Your obligation to make payments under this Agreement, if any sum owing to FO and other fees related to it are not paid when due (Debt), You authorise FO without further notice to: (a) refuse You and Your Agents access to the Goods, the Unit and the Facility and overlock the Unit until the Debt has been paid in full; (b) enter the Unit and inspect and/or remove the Goods to another unit or site and to charge You for all reasonable costs of doing so on any number of occasions; and (c) apply the Deposit against the Debt and, if insufficient to clear it in full, hold onto and/or ultimately sell or dispose of some or all of the Goods in accordance with Conditions 8 to 10. You acknowledge that (a) FO shall be entitled to continue to charge for storage from the date the Debt becomes due until payment is made in full or the Goods are sold or disposed of; (b) FO will sell the Goods as if FO was the owner and will pass all rights of ownership in the Goods to the buyer; and (c) if You do not pay fees on the Due Date, the value of any discounts and special offers (including periods of free storage) which You have received will be payable by You in full.

ACCESS:

12.

You have the right to access the Unit during Access Hours as posted by FO and subject to the terms of this Agreement. FO will try to provide advance warning of changes to Access Hours by notice at the Facility and/or by SMS or email, but reserves the right to change Access Hours temporarily to other reasonable times without giving prior notice.

13.

Only You or others authorised or accompanied by You (Your Agents) may access the Unit. You are responsible for and liable to FO and other users of the Facility for Your own actions and those of Your Agents. FO may (but is not obliged to) require proof of identity from You or any other person at any time and, at FO’s sole discretion, may refuse access to any person who is unable to produce satisfactory proof.

14.

FO may refuse You access to the Unit and/or the Facility where moneys are owing by You to FO, whether or not a formal demand for payment has been made, or if FO considers the safety or security of any person, unit or goods on or at the Facility has been threatened or may be put at risk.

15.

You should not leave a key with or permit access to the Unit to any person other than Your own Agent who is responsible to You and subject to Your control. If You do so, it is at Your own risk.

16.

You authorise FO and its agents and contractors to enter the Unit in the following circumstances and to break any lock if reasonably necessary to gain entry: (a) on not less than 7 days’ notice to inspect or carry out repairs or alterations to the Unit or any other part of the Facility; (b) without prior notice (but with notice as soon as practicable after the event) in the event of an emergency (including for repair or alteration) or to prevent injury or damage to persons or property; (c) if FO believes the Unit is being used to store prohibited goods or for a prohibited purpose; (d) if FO is obliged to do so by law, by the Police, Fire Services, Trading Standards, HM Revenue & Customs, other competent authority or by a Court Order; or (e) to relocate the Goods or exercise FO’s lien or power of sale or disposal in accordance with this Agreement.

CONDITIONS:

17.

You will be solely responsible for securing the Unit and ensuring it is locked so as to be secure from unauthorised entry at all times when You are not in the Unit. FO will not be responsible for securing any unlocked Unit. You are not permitted to apply a padlock or other device to the Unit in FO’s overlocking position and FO may have any such padlock or device forcefully cut off at Your expense. Where applicable, You will secure the external gates and/or doors of the Facility.

18.

You must not store (or allow any other person to store) any of the following in the Unit: (a) food or perishable goods unless securely packed so they are protected from and do not attract vermin; (b) any living creatures; (c) combustible or flammable substances such as gas, paint, petrol, oil, cleaning solvents or compressed gases; (d) firearms, explosives, weapons or ammunition; (e) chemicals, radioactive materials, biological agents, toxic waste, asbestos or other potentially hazardous substances; (f) any item that emits fumes, or odours; (g) any illegal item or substances or goods illegally obtained such as illicit (counterfeit/smuggled) tobacco or alcohol and unlicensed or unsafe goods (such as toys, electrical goods, medicines, aerosols, cosmetics, fireworks); (h) goods which are environmentally harmful or that are a risk to the property of any person; (i) currency, deeds and securities; and (j) items which are unique in nature and/or where the value to You cannot be assessed on a financial basis. You will be liable under Condition 29 for any breach of this Condition 18.

19.

You will use the Unit solely for the purpose of storage…

…

22.

This Agreement does not confer on You any right to exclusive possession of the Unit and FO reserves the right to relocate You to another Unit not smaller than the current Unit: (a) by giving 14 days’ notice during which You can elect to terminate this Agreement under Condition 37; or (b) on shorter notice if an incident occurs that requires the Unit or section where it is located to be closed or sealed off. In these circumstances, FO will pay Your reasonable costs of removal if approved in writing by FO before removal. If You do not arrange removal by the date specified in FO’s notice, then You authorise FO and its agents to enter the Unit and move the Goods as Your agent on Your behalf and at Your risk (except for damage caused wilfully or negligently which is subject to the limitations in Condition 27). Following removal this Agreement will be varied by substitution of the new Unit number but otherwise continues on the same terms at the storage rates in force for the original Unit at the time of the removal.

…

RISK AND RESPONSIBILITY:

…

31.

If FO has reason to believe that You are not complying with all relevant laws FO may take any action it considers necessary, including, but not limited to, action outlined in Conditions 16 and 37, contacting, cooperating with and/or submitting Goods to relevant authorities, and/or immediately disposing of or removing Goods at Your expense. You agree that FO may take such action at any time even though FO could have acted earlier.

OTHER IMPORTANT TERMS:

…

43.

This Agreement shall be governed by Scots law and any dispute or claim that either party brings will be decided by the Scottish Courts.”