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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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As a Landlord I have a tenant who is three months in arrears

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Hi, As a Landlord I have a tenant who is three months in arrears with £5,100 now outstanding - his references were very good - he is a professional Nigerian working for an American oil Company hence the surprise that he will not pay and avoids all contact. This is a one year rental started in May. Can you list the key step by step action points that I should take legally so that he can see I am serious about recovering the money. Should I also inform his company that he not paying rent. Thanks.
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

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

What is it you want to achieve please?

Customer: replied 10 months ago.
Hi Jamie, Just checking that you received my question on 14th October and that you will be able to offer a response soon - many thanks.
Expert:  Jamie-Law replied 10 months ago.

Yes. I asked what is it you want to achieve?

Customer: replied 10 months ago.
I want to know the correct Legal procedure to follow to claim for the rent arrears. What is the first step - what form should I fill in - then what is the next step if the person still refuses to communicate - then when does it get to the stage when I have to seek help from Bailiffs. So the advice I am after is in simple legal jargon - if this was you as a landlord - what steps/action should I take to recover my debt. Hope this helps clarify - thanks.
Expert:  Jamie-Law replied 10 months ago.

do you want to evict?

Customer: replied 10 months ago.
Hi Jamie, Yes evict - but also to make sure I recover the £5,100 rent arrears and rising each month hence wanted to get from you the correct legal steps to achieve this whole process. Thanks
Expert:  Jamie-Law replied 10 months ago.

You need to serve a Section 21 notice which you have done. You also need to serve a Section 8 notice for breach of the tenancy (rent arrears).

Once expired you can issue proceedings for possession using form n5:

https://formfinder.hmctsformfinder.justice.gov.uk/n005-eng.pdf

And N119:

https://formfinder.hmctsformfinder.justice.gov.uk/n119-eng.pdf

You ask the Court for possession and arrears.

The Court will list the matter and decide whether to grant possession. If the Court does then you ask for money Judgment on arrears so you get your money,

If the tenant does not leave, then you can get bailiffs to evict.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
Jamie, Many thanks that is what I needed - I will leave an excellent rating - one final question - as I watch the Channel 5 Programme (Can't pay we'll take it away) - when you mention Court - do you mean County Court - and also County Bailiffs or is it worth while activating High Court Bailiffs. Just a line to answer this is fine as to what you would recommend - thanks.
Expert:  Jamie-Law replied 10 months ago.

No,county court bailiffs are fine.

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Hi Jamie, You sent me a further email asking if I had any more questions - I have one. I now find that I am covered for non-payment of rent by my Landlord insurance. However I am still upset at this non-payment of £5900 to date and rising. Would you advise me to hire a solicitor and make a separate claim against this person - or would any funds I extract have to be given to the insurance company or can they be kept by me. Would the costs and stress outweigh the benefits. What would you advise.