How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

I own a buy to let home where the tenant has not payed for

Resolved Question:

I own a buy to let home where the tenant has not payed for 10 months and has sublet the home till May of this year without my permission, nobody in there now, he has not given me 1 months notice that he wants to leave, the only agreement in writing I had with him was when he 1st moved in which was a 6 month assured short hold tenancy agreement. around 5 years ago. Where do I stand getting the money that is owed to me & up to which point is he liable to pay rent if he has not given me notice?
Submitted: 1 year ago.
Category: Property 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.
163;5000 up to the end of this month
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a payment (of the £5000) 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 pay 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Alex

Customer: replied 1 year ago.
As the home is obviously abandoned, have I the right to enter the property, he has not answered any phone calls regarding everything ?
Expert:  Ash replied 1 year ago.

No, only if you have the keys back. Otherwise just to make sure you cover your back you ought to seek a court order for possession.

Does that clarify? Alex

Ash and other Property Law Specialists are ready to help you