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Category: Law
Satisfied Customers: 49
Experience:  Expert
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My tenant has NOT paid for 6 Quarters, owing me £60K what

Customer Question

my tenant has NOT paid for 6 Quarters, owing me £60K what can i do
JA: Where are you? It matters because laws vary by location.
Customer: ilford, essex IG1 2RZ
JA: What steps have you taken so far?
Customer: i have had discussions, and agreed a payment plan, but the tenant says, it was only discussions, and not an agreement. he says he will not pay the last 6 quarters, but will pay for qtr commencing 24/06/2021
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: yes, the tenant is raising claims against me, which are not 100% true, and to assist, i agreed to credit £15k for the 6 qtrs due
Submitted: 6 days ago.
Category: Law
Expert:  MARTINT330 replied 6 days ago.

I am happy to help with your enquiry this evening. Have you got any of the above in writing or have you got a copy of the original lease?

Customer: replied 6 days ago.
to both
Expert:  MARTINT330 replied 6 days ago.

Excellent. Can you attach copies for consideration?

Customer: replied 6 days ago.
not now, they are in my office. what is £44 for.
Expert:  MARTINT330 replied 6 days ago.

That’s for a phone call the platform offers it as a premium service. If you do bot require a phone call we can continue to chat on here.

Customer: replied 6 days ago.
hi, please email me tomorrow. it is too late now. Goodnight
Expert:  MARTINT330 replied 6 days ago.

No problem. Reply on here tomorrow and I can pick it up with you tomorrow. Goodnight.

Expert:  MARTINT330 replied 5 days ago.

Hi did you manage to get the copies?

Expert:  MARTINT330 replied 5 days ago.

You should put everything in writing to the tenant. Then send a letter to the guarantor if you have one.

If after 21 days you still haven’t received any rent from your tenant, you should send a third letter.

This should be the final step before considering further action to reclaim your property.

Use this letter to confirm your intention to take legal action if the rent isn’t paid.

If you have previously sent a letter to a guarantor, you should now send another letter to inform the guarantor that you still haven’t received any rent.

If your tenant has gone a month without paying rent, and another month is now due, you can consider your tenant to be two months in arrears.

At this point you have the right, under the Housing Act 1988, to take action to claim possession of your property.

Expert:  MARTINT330 replied 5 days ago.

Serving a Section 8 notice informs your tenant that you intend to take them to court if they don't pay within a further 14 days.

This must be done in the prescribed form of a Section 8 notice in order to be valid, so make sure you follow the eviction process closely.

To give your tenants notice using a Section 8, you must:

fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’

specify on the notice which terms of the tenancy they’ve broken

give the tenants between 2 weeks’ and 2 months’ notice to move out, depending on which terms they’ve broken

Apply to the court for a possession order if your tenants do not leave by the specified date.

Expert:  MARTINT330 replied 5 days ago.

If your tenant doesn’t respond to your demands for rent, you are entitled to take legal action to seek possession of your property.

You may also ask the court to make a judgement against your tenant for the arrears of rent and reasonable costs incurred.

The judge will dismiss your case if there is no reason for the tenant to be evicted or if you haven’t followed the right process.

Expert:  MARTINT330 replied 5 days ago.

The court can order the tenant to do one of the following:

Leave the property before a specified date stated in the order

Allow the tenants to stay as long as they pay or obey the conditions of the order

Pay you a specified amount

Leave the property and pay a specified amount to cover rent arrears, court fees and legal costs

Possession orders with a money judgment: A judge can add a money judgement to cover rent arrears, court fees and legal costs.

If you do get a money judgement against the tenant, you will have six years in which to enforce it.

Expert:  MARTINT330 replied 5 days ago.

Is there anything else I can help with this evening?

Expert:  MARTINT330 replied 4 days ago.

Thank you for your enquiry. When you receive an email, could you leave a review? It really helps my ratings.