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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I am a Trustee of a very small Charity set up in 2007 to manage

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I am a Trustee of a very small Charity set up in 2007 to manage a village hall (the Charity has a long term lease) We have no assets and have to raise money for the upkeep and maintenance of our ancient Grade 2* listed Hall. Adjacent is the ancient schoolmasters house and we lease a few rooms out as Offices from Home under an Albemarle Scheme. One of our tenants failed to pay his rent for over a year - invoices were sent out and because we were changing Treasurers during this period no one picked up that he had not paid rent for over a year. When we identified the problem we wrote several times giving him the opportunity to pay the money on a monthly basis - he phoned and said he would pay £200 immediately and more a few days later - he failed to do so. We wrote again and had no response. We then wrote giving him notice and gave him time to remove his property - he failed to respond and did not remove his property so we wrote again allowing him a few days to remove the property and at that time changed the locks. He again made no effort to remove his property. We kept the property for 3 months then disposed of it.
We understand he is a single father who does not work so is likely to be on benefits.
As Trustees of a Charity we feel duty bound to try to obtain the £1,152 owing. Any advice you can offer would be gratefully received.
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

When did all this happen?
Customer: replied 2 years ago.

UKSolicitorJA only.


In October 2013. He made a casual remark to me saying he would get some money in soon and as far as I remember that was on the 14th September at our fundraising coffee morning. Initially I dismissed his comment because I didn't know what he meant. Early October I thought I would check with the Treasurer about his payments for the room he used. I was horrified when she said he now owed £1,152. Under his Occupational Licence it states that rents should be paid when due whether demanded or not.


The first letter was dated 7th October asking him to pay the balance owing within 14 days or we would have no alternative but to terminate his Occupational Licence because he breached his agreement. The second letter dated the 24th October stated that he had not cleared his arrears, thus breaching the terms of the Agreement and we terninated his lease giving him 7 days to clear his room and also enclosing a payment schedule for him to clear his arrears. He ignored the letter.


On the 13th November we wrote again saying it was regretable etc, and stating we would be making entry to the room he had leased on 15th November to the locks.


We live in a small town of less than 5000 people and see him strolling up and down the street and he ignores all of us.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

You may file a court claim against him for the money online at www.moneyclaim.gov.uk

You may add the court fee and interest at court rates in your claim.

He may take matters more seriously once he sees court summons land on his front door.

May I help further?
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.


UKSolicitorJA only


 


How do you feel we would fare with our claim? I know its difficult to say but I don't want to throw precious fundraising money after a debt if we can't win.


 


Because we also live in a really small town and we have been hesitant about going to court in case the Press got to hear of us going after a single Father for a debt.

Expert:  UKSolicitorJA replied 2 years ago.
You have a very good chance of success and he would not have a defence.

The court fee is £70 which you may claim back from the tenant if judgement is entered in your favour.

Hope this helps
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
UKSolicitorJA and 2 other Law Specialists are ready to help you

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