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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 small retail shop occupied by a tenant on a 5 year

Customer Question

I have a small retail shop occupied by a tenant on a 5 year lease starting August 2013. He experienced financial difficulties winter 2013 when he failed to pay the rent of £550pm for 4 months.He resumed in A pril 2014 promising to pay the overdue rent as soon as he was on an even keel. He paid until Oct when diffulties reoccurred.At that time he asked to surrender the lease. I agreed as soon suitable new tenant could be found. Over the two periods of non payment he now owes 7months back rent. I have found a new tenant who will sign a lease from Feb2015 but I have had to give an inducement of 6 months rent-free so I shall be without rent until August 2015
I have asked my tenant for the back rent +£350=£4000 but he is refusing to pay. Can I take a charge on his house as he is threatening to go bankrupt?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you have a County Court Judgment yet?

Alex Watts :

If not would tenant agree to a charge, I assume not?

JACUSTOMER-bwhqnjay- :

Dear Alex,

JACUSTOMER-bwhqnjay- :

I haven't done anything yet. My first decision is to decide what I can actually claim. Is it just the rent up until the new tenant signs the lease or can I also claim for the rent I will lose until the tenant starts to pay rent in August 2015?

JACUSTOMER-bwhqnjay- :

I am prepared to take the matter to court but because of the amount involved I suppose that this will not be in the small claims court. Getting a judgement against him will not in itself help because he has other debts. I want to take the charge so that if he declares bankruptcy I might get some of the money back.

Alex Watts :

Any claim under £10,000 would be a small claim.

Alex Watts :

To be fair you are much better once you get a CCJ is to get a charge on property.

Alex Watts :

This makes the debt secure and you know once there is a disposal of the property, you should get paid

Alex Watts :

You are entitled to recover any direct losses as a result of non payment

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-bwhqnjay- :

Once I get the CCJ is it a difficult process to take a charge on the house? Is it something I could do myself or do I need a solicitor? I am anxious to keep cost to a minimum as I rely on this income as my pension.

Alex Watts :

No, its easy, you fill out a form, do a search at the land registry.

Alex Watts :

You can do it yourself.

Alex Watts :

The cost is £100 application to Court, £6 fee to land registry and £50 to register the charge

Alex Watts :

Search Land Registry here: eservices.landregistry.gov.uk/wps/portal/Property_Search

JACUSTOMER-bwhqnjay- :

Thanks Alex , very Reassuring

Alex Watts :

Application form to Court here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n379-eng.pdf

JACUSTOMER-bwhqnjay- :

Regards Marianne

Alex Watts :

Once you get the interim charge, apply to Land Registry here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352954/RX1.pdf

Alex Watts :

Read the guides here:

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 2 years ago.
https://www.gov.uk/government/publications/notices-restrictions-and-the-protection-of-third-party-interests-in-the-register/practice-guide-19-notices-restrictions-and-the-protection-of-third-party-interests-in-the-register--2
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