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Can't get rent out of this tenant!!

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  1. #1

    Join Date
    Mar 2008
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    Can't get rent out of this tenant!!

    I rented a flat out to X. X runs a business selling stuff imported to local retailers. X has been in this flat for 5 months now. The lease agreement is a one year plus one months notice and is in X's name.

    Except for the first month X has not paid rent on time, and now, for the last 2 months, X has not paid at all, saying "I have no money now, business is not good, but I expect to get some soon when ... happens".

    What action should I take?

    I could of course go to Small Claims tribunal, but that may not be helpful because what if he does not pay up even after I get a judgment in my favour?

    What else can I do? How long will the process take and what will it cost me?


  2. #2

    Join Date
    May 2010
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    negotiate with X. for X amount of money and X will vacate the property by X time.

    XX


  3. #3

    Join Date
    Apr 2008
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    I'd kick him out ASAP using the Lands Tribunal procedures. Getting him to pay is another story, but I would just not let this drag on any further. The sooner you can get him out the sooner you can look for some new tenant and get back to normal.

    Last edited by 100LL; 05-10-2010 at 01:50 PM.
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  4. #4

    Join Date
    Oct 2005
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    Had that problem before with a commercial tenant, He ended up owing me 100k took him to court and he eventually filed for bankruptcy.

    I assume he gave you two months deposit as per the standard agreement. Go through the tribunal procedures and boot him out.

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  5. #5

    Join Date
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    Here's some very useful information:

    My tenant has failed to pay rent for two months. What can I do to recover the rent and the possession of my property?

    BTW, there should be a forfeiture clause in the lease that entitles the landlord (you) to terminate the tenancy and to re-enter the property if the tenant fails to duly pay rent - usually within 15 days of the due date.

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  6. #6

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    Mar 2008
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    Thanks. To go through the Lands Tribunal do I need to get a lawyer? Jimbo, how long did the whole process take and what sort of costs did you have to incur? Say, if it takes 4 months, is the tenant liable for that 4 months' rent (on top of what he owes the Landlord)?


  7. #7

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    If he is occupying your property, then of course he is liable to pay rent for that period.

    Unless I am missing something and that, when you launch proceedings against him, it somehow allows him to live rent free until he is ordered out.

    Last edited by Dreadnought; 05-10-2010 at 02:10 PM.
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  8. #8

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    Here's a walk through (scroll past the Chinese):
    Lands Tribunal

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  9. #9

    Join Date
    Oct 2005
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    He still owes whilst he's staying there. Mine dragged for months as he wouldn't always show up etc, no lawyer is required as long as yourself or somebody nominated to represent you in your abscense is in attendance at the hearing.
    Posted via Mobile Device

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  10. #10

    Join Date
    Mar 2008
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    He says he has goods, but cannot sell these, and therefore has no money. I will try the Lands Tribunal. Will this process take long? Would also appreciate if anyone could let me know what else I can do.


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