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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a commercial property, my landlord has invoiced me half

Resolved Question:

I have a commercial property, my landlord has invoiced me half the rent for the past 4 months by mistake and is now asking for the full amount back. can he do this? or is it now void as it was his mistake?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Unless your agreement states otherwise under The Prescription & Limitation (Scotland) Act 1973 a person has 5 years to collect an unsecured debt

Alex Watts :

Therefore the Landlord has 5 years to claim back the underpayment unless the commercial agreement states otherwise

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

im not sure. My original landlord sold the building while I was still paying half rent as agreed. When the new landlord took over he clearly didn't read my lease and continued to invoice me the half rent when it should have gone to full rent. He now wants £1800, now. But surely its his obligation to check and invoice correctly.

Alex Watts :

Yes of course.

Alex Watts :

But that does not mean that the debt is not owing

Alex Watts :

If the debt is owing then it needs to be paid

Alex Watts :

There is a case to pay over a period of time, but sadly it is due

Customer:

ah ok I see. But it does not need to be paid in one go?

Alex Watts :

No

Alex Watts :

I think you have a good case to split payments

Customer:

ok great thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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