Very NB - Any legal types....

[Colin_S]

......with experience in commercial leases can give some advice? Got a tennant that appears to have gone AWOL and need to sort out regaining access, dilapidations, rent arrears, etc. whilst keeping on the right side of the law.

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[PIGLETSDREAM]

You can email me or call, My firm deal with Aviation property, spend a lot of time doing dilapidation's and rent reviews. Have a great property lawyer.

rs@swireassociates.co.uk

mobile 07866 764 940

Based in Surrey

<hr width=100% size=1>Must go, Matron is coming

 

[Colin_S]

Sent you an email - thanks

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[andy_wilson]

Was it a first tennant or sub-lease.

If the former, take over the property and you recind the lease. Who what where when, you be the judge of what you are likely to recover. Did you have any directors guarantees, or do the lease holders have anything to pay you with if you are successful in sueing. What is owed to eveyone else?

If the latter, just go back to the former for restitution. Tough on them I know, but the law (voice of experience).

If it's a sub-lease, enter the property and you recind the total lease, so you let the first tennant (and any other sub-leasees in the line) off the hook too.

Minor consideration, if they aren't really AWOL and you enter the property there may be a mild case of harrassment to answer for.

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[Colin_S]

Hi Andy

It's a first tenent and there's been a minor development since I posted the original request. I got a long winded letter from her basically giving up the tenancy with no notice and flatly refusing to pay rent in lieu. Keys are going to follow by recorded delivery.
Letter ends with something along the lines of 'I'm a single parent now living on benefits, etc, etc, etc.' which I interpret as 'don't bother coming after me for money cos I ain't got a pot to pee in'.
What she doesn't realise is that I know she is still working (mobile hairdresser) and owns a property in Spain where she plans to move next year.
I suspect there may not be any other major debtors, unless the IR has an interest in her, but time will tell.
Presumably, with the keys returned I would be at liberty to enter the property, perhaps with the precaution of an independant witness, to carry out the internal inspection I asked for but never got. Or is that presuming too much?



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[rich]

Wot@s this CRAP got to do with BOATS!!!!!!!!!!!!Find your own forum>and a PWC user TOO!

<hr width=100% size=1>http://www.jersey-harbours.com<P ID="edit"><FONT SIZE=-1>Edited by rich on 13/10/2004 23:40 (server time).</FONT></P>

 

[iangrant]

A polite word

That is why it says NB -- If you are not interested then don't read it!!


Ian

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[mikewilkes]

That is a wee bit harsh. Unless you two are the best of mates and yuo are just taking the p**s.



<hr width=100% size=1>Mike
Now back home with my mistress and SWMBO of course !!!

 

[andy_wilson]

Give her enough rope.....

You have just gone beyond the limit of my knowledge now.

If she signed the lease, she's gotta pay, or find a sub-leasee, for whom she will remain liable if they hop it.

If she says she can't pay until any break clauses can be implemented I suggest you get a consultation from the lawyer who processed the lease and serve her with the hard word, and suggest she gets a lawyer too. Meanwhile, balls ache I know, but if you happened to have proof that she was working whilst earning benefit and not declaring 'all' which is a damn good bet given the type of work, you would be in a far better position to persuade her that she would be better off paying you than answering to the Dept. of Work and Pensions who get whopping fines awarded these days....

http://www.fraudweb.co.uk/2001 Archive/sept01arch.htm

http://www.ananova.com/news/story/sm_794471.html

Does the lease expire next year? Shame if she loses the property before then!

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[iangrant]

Colin, sadly I would say you are on a looser. I wouldn't waste any money on legal vultures chasing this "lady".

We rented our house out to a reliable tennant with references etc.... Three months in she decided to start knocking money off the rent for "repairs". then stopped paying altogether.

It took us six months to get her out and two days before the bayliffs arrived she scarpered taking everything including the lightbulbs and lawn mower.

Legally - on us tough -

Sorry mate.

Ian



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[Sea Devil]

Just to say I have been renting out properties for the last 12 + years and in my experience you just write it off...

I have tried court orders, debt collectors and lawyers but it's a wast of time - If they do not have funds then its pointless anyway - if they have a little and are working black then the best you will get is a court order for a few quid a week and when they don't pay that....

Forget revenge- get on with re-letting

The only boaty thing about this is it finances my crusing.......

<hr width=100% size=1>If you have time please visit my web site -
<A target="_blank" HREF=http://www.michaelbriant.com/sailing>http://www.michaelbriant.com/sailing</A>

 

[Colin_S]

Thanks Ian / Mike for your comments and no we're not friends BTW. Seems like a case of double standards too as this post suggests.......

Reason I posted on this forum? There's been lots of talk on the forum about investing in property in lieu of pensions so this helps highlight some of the potential problems. I also figured there's a lot of professional individuals on here from all walks of life who may have experienced or dealt with such problems and may be able to offer some quick, free advice - big thank you to those who have!

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[Colin_S]

Re: Give her enough rope.....

I am keeping threats up my sleeve at the moment. She may well be worth chasing as she does own property so is unlikely to prove potless although the property being in Spain may make it a bit more difficult. I figure it may be worth a small investment with a claim at the local County Court seeing as the sums involved could end up near 5 figures.
The main reason I want to persue it is that this property is owned by an 87 year old Aunt and it is her only source of income besides her meagre state pension.

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[rich]

The Webcam pans out to the harbour and boats.and i need the puta to be here!

<hr width=100% size=1>http://www.jersey-harbours.com