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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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non-payment of Rent and Insurance ----------------------------------------------------

Resolved Question:

non-payment of Rent and Insurance

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I own the freehold of a shop and two flats above, all on 99 year leases with 72 years left on the leases, the ground rent and insurance and any maintenance is due half yearly payable within 21 days of due date. The shop and first floor flat are always up to date with payments. The top flat owner who sub lets this top flat to a DSS tenant, did not pay the demand in June 2013 and has not paid the demand in Dec 2013, he is now £459 and nine months in arrears, the demands were sent to his home address and were both signed for by his signature. I have sent several reminders and threats to put the matter in the hands of solicitors. Not wanting to run up large legal bills for the small amounts of money involved what are my options please.
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 :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. For example you can get a charge on the property to make the debt secure


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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