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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Customer Question

We have a tenant who has defaulted on renting our annexe about £500pm and has not paid since October and even though Estate Agent is 'evidently' going through legal process I have been told that I shouldn't expect any money [electricity hasn't been paid since June 2012] until April at the earliest and that I shall have to sue for most of the money as well any additional legal costs. This was supposed to supplement my meagre pension as I lost most funds through Equitable Life. Now it looks as though I shall end up with huge debts. Is there anything else I can do?
Submitted: 5 years ago.
Category: Law
Expert:  UK-Justice replied 5 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What type of tenancy do they have?
Customer: replied 5 years ago.

Assured Shorthold Tenancy

Customer: replied 5 years ago.

Assured Shorthold tenancy

Expert:  UK-Justice replied 5 years ago.
Does the tenant have any assets?

Have proceedings for possession been issued?
Customer: replied 5 years ago.


Does the tenant have any assets? I don't know but as she is 20 and lost her job in October probably not a lot though I beleive that she is working now. Though still not paying any rent or anything at all.

Yes 'proceeding for possession' have been issued and I understand that agent has organised eviction notice [ but is 'evasive']. But the agent told me on Thursday that the tenant is still likely to be in the apartment for another month or two!!

Expert:  UK-Justice replied 5 years ago.
Yes once you have a possession order then that takes 4-6 weeks before it gets into Court and even when you get possession it takes another 4-6 weeks to get an eviction order.

Is there anything else you can do - sadly no.

This is because all you can do is issue proceedings for possession.

Legally there is nothing else you can do.

Once you get a possession order you can get Judgement for any arrears.

But then you can only enforce those arrears once you know where the tenant goes.

I know this is unfair, but I sad to say this is the legal system.

I am sorry if this is not the answer you are after but unless the tenant has any assets in terms of bank accounts or property, then this is the legal position.

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