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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Ive had a series of run-ins with my tenant who is a previous

Resolved Question:

Ive had a series of run-ins with my tenant who is a previous business partner and who has taken me for a vast amount of money.

The problem I now have is my new book-keeper has found out that the tenant (my old partner) hasn't paid the vat element of the rental for the building I rent to them.
This started in 2008 and the rent was £1000+vat and was paid perfectly until 2012 when without my knowledge the vat stopped and the tenant paid only £1000.

The original agreement was that the tenant who was my friend at the time would pay only the amount of the mortgage plus the vat which at the time was around half the amount of other workshops local. I didn't want to make money, I just wanted to cover the mortgage cost.

Without asking me, the tenant switched to an all-inc payment of £1000 which has left me missing 9 vat returns and £5400 owed to HMRC.

My accountant has sent an invoice into the company and given them 14 days but they don't pay bills and I want to know if I can just go there with a locksmith and change the locks after the 14 days.

Ay advice is appreciated, I'm at my end with these people and feel like my life is in tatters.

J
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Have you served notice for them to pay, as they are in arrears please?

Customer:

Hi,

Customer:

They have paid rent in full on a monthly basis, but they have stopped paying the vat. i did not know this until my accountant checked

Customer:

they owe 5400

Alex Watts :

Ok - I assume the lease allows for re-entry if they fail to make a payment or late?

Customer:

i have served a letter informing them that they owe 5400

Customer:

yes

Customer:

to be honest, they are very bad people, they have already taken me for several hundred thousand pounds prior to me selling my shares in the company

Alex Watts :

Ok - then you don't need to do anything else.

Customer:

part of the agreement was for me to allow them to rent my building

Alex Watts :

You just need to instruct a certified bailiff to take possession

Alex Watts :

As its commercial you do not need a Court Order

Alex Watts :

If it was a private dwelling you would need a Court Order

Customer:

so as long as i have sent a letter giving them a date to pay by, and they have not cleared the debt.

Alex Watts :

But commercial you do not

Customer:

i just instruct a bailiff

Alex Watts :

You can just take possession

Alex Watts :

But yes, use a certified bailiff

Alex Watts :

Can I clarify anything else?

Customer:

i thought it would be much harder. and as long as they have not paid on the date, i can instruct a bailiff, go there, change the locks and they are out ?

Alex Watts :

Ye

Alex Watts :

Yes

Customer:

and i won't go to jail or they can't sue me for loss of earnings afterwards ?

Alex Watts :

No

Alex Watts :

You wont go to jail for any civil debt

Alex Watts :

But use a certified bailiff

Customer:

thank you so much.

Alex Watts :

Please remember to rate my answer before you go

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

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