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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10303
Experience:  Dual qualified Solicitor and Attorney
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Can you help with a couple of questions please, it’s great

Customer Question

hi can you help with a couple of questions please
JA: Where is this? It matters because laws vary by location.
Customer: it’s great yarmouth norfolk
JA: What steps have been taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no it’s a tenancy issue
Submitted: 11 days ago.
Category: Law
Expert:  Jeremy Aldermartin replied 11 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 11 days ago.

What do you wish to know?

Customer: replied 11 days ago.
i’ve bought a property with a tenant in situ for a investment i was told when i bought it the original tenancy agreement comes with the property so no need to do a new one but my tenant is refusing to pay the rent as she says there is no tenancy agreement in place with my name on it i am also trying to give her notice to quit so the house can be renovated can you help please
Expert:  Jeremy Aldermartin replied 11 days ago.

The original tenancy is valid as the new landlord you take over from the old one in essence she is required to pay the rent. If she refuses to pay rent you can give them a s8 notice to leave. Then apply to court for possession. I trust this assists

Customer: replied 11 days ago.
how do i go about getting my rent and getting her to believe i’ve got the right to the money please
Customer: replied 11 days ago.
as she’s convinced there is no tenancy and until i can prove that she’s not paying me anything
Expert:  Jeremy Aldermartin replied 11 days ago.

You can bring a legal claim in county court for the arrears. You would need to write to her and ask her to pay within 14 days or face legal action.

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant. I trust this assists

Customer: replied 11 days ago.
thanks for your help
Expert:  Jeremy Aldermartin replied 11 days ago.

Happy to help, take care