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Nicola-mod
Nicola-mod, Moderator
Category: Property Law
Satisfied Customers: 21
Experience:  Moderator
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a 20 YEAR LEASE EXPIRED ON 29TH jUNE, £45,000.00P WAS PAID

Customer Question

a 20 YEAR LEASE EXPIRED ON 29TH jUNE, £45,000.00P WAS PAID FOR THE LEASE 20 YEARS AGO AND A GOUND RENT OF £128.00 PER MONTH. THE TENANT REFUSES TO PAY THE PROPER RENT ON A SHORTHOLD TENANCY AGREEMENT, OR TO SIGN ANY AGREEMENT, SO IS STILL ONLY PAYING THE SAME GROUND RENT MY SOLICITORS BILL FROM THIS JAN TO DATE - I.E LETTERS, PHONE CALLS ETC HAS NOW COST ME £1300.00 ALL OF WHICH THE TENANT HAS IGNORED. WE HAVE NOW GIVEN HIM 2 MONTHS NOTICE WHAT FURTHER ACTION CAN I TAKE TO RECOVER SOME OF THE COSTS INCURRED - EVEN IF HE LEAVES END OF AUGUST WE WILL STILL HAVE LOST £1049.00 FOR 2 MONTHS (RENTAL VALUE NOW £675.00 PER MONTH AS ASCERTAINED BY ESTATE AGENT)
THANK YOU
Submitted: 4 years ago.
Category: Property Law
Expert:  Nicola-mod replied 4 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 4 years ago.

ok to wait

Customer: replied 4 years ago.

sorry, need to know urgently

Expert:  Nicola-mod replied 4 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Stuart J replied 4 years ago.
I have been asked to look at this for you.
If you are simply chasing rent, you issue small claims court proceedings.
Is that what you wanted to know?
Customer: replied 4 years ago.

not really as I already knew that but as his notice expires end of August is it better to wait until he's missed 2 months proper rent, plus apply for costs then or now when he has only not paid the proper rent on 1st July ?

Expert:  Stuart J replied 4 years ago.






You can sue him at any time
for outstanding rent even while he remains in occupation and regardless of the
amount outstanding. Remember that all that will do is give you a judgement. You
are still faced with sending bailiffs round to possess goods or getting an
attachment of earnings order or an order to take money from his bank account.



Section 8 notice terminates
the tenancy for two months rent arrears (mandatory) or regular rent arrears (discretionary)
and a section 21 notice terminates it at the end of the term subject to 2
months prior notice.



Section 8 notice fails if he
reduces the amount of the arrears below two months prior to going into court
which is why I suggested also serving a section 21



My suggestion would be to
serve both in case one of them is defective.



 



 



 



Does that answer the
question? I am happy to answer specific points.



Can I help further?

Expert:  Nicola-mod replied 4 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated. If you still need help with your question, please feel free reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola