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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have a small shopping village and let the retail units on

Customer Question

We have a small shopping village and let the retail units on a licence basis. Initially a 12 month contract and thereafter 4 weeks notice required to vacate either way. A tenant has signed a 12 month contract and decided to vacate after 3 months only giving me a weeks notice. She has only paid one months rent so is 2 months in arrears. I have reminded her nicely that she is under contract (licence) for 12 months but have offered to be as reasonable as possible and suggested she pay the 2 months arrears plus 3 months in advance, and I would be willing to terminate the contract. I now have to advertise and market the unit and need time to find a suitable tenant. I will also be liable for the rates on the unit after 3 months.
She has not replied to my offer and is not answering my phone calls. We are only a small family business and I can't afford to have empty units as we have a large loan to pay. Do you think the small claims court would be my best option now? Would be most grateful for any advise. Thank you and kind regards
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
How much is owing please?
Customer: replied 1 year ago.

Hi Alex, The rent is £360 per month and she has only paid one month so she still owes for June and July plus the remainder of the 12 month contract ie. 11 months @ £360 = £3,960. However, I have 'without prejudice' said I would accept £1800 if paid now and would then terminate her contract. I need at least 3 months to find a suitable tenant and may end up having to pay rates on empty premises. (tenants are normally responsible for their rates).

Do you think this is the right thing? where do I go from here?

Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund 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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

should I put in a claim for the full 12 months?

Expert:  Ash replied 1 year ago.
Yes you should.
Does that help?
Alex

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