russ295 Posted August 15, 2016 Report Share Posted August 15, 2016 Hi, Just after a bit advice if anyone can give it. I've a small single room shop i rent out, the tenant has been in just over a year (on a 3 year lease). The lease states the rent (£240 pcm )was to be paid by s/o but has never set this up despite various requests. She's now 3 months in arrears and has gave every excuse possible and is now not replying to texts or calls. There is a clause in her lease that states i can take possetion after 21 days of non payment. Any ideas for a cost effective way of dealing with it? I'd prefer her out, as I've had to chase every months rent since she took it. Regards Russ Link to comment Share on other sites More sharing options...
vicks Posted August 15, 2016 Report Share Posted August 15, 2016 Hi Russ, Just to confirm that there is no residential element to the shop such as stairs going to a flat above? If this is the case and it is purely commercial then you can forfeit the lease. This is done by way of instructing a bailiff to gain access, change the locks and forfeit the lease. This is something we do all the day and from our point of view is a relatively quick and simple process. We have a guide that covers this if you want to know more about the actual process. Thanks Victoria Link to comment Share on other sites More sharing options...
Richlist Posted August 15, 2016 Report Share Posted August 15, 2016 I know very little about commercial leases but I see no reason why you can't do what I do with a new tenancy i.e........provide your own s/o form with your bank details already completed and insist the tenant completes their details and hands it to you so you can send it or hand it to their bank. Link to comment Share on other sites More sharing options...
russ295 Posted August 15, 2016 Author Report Share Posted August 15, 2016 Thanks for the replies, Yes there is no residential aspect to the rented space. Any idea of cost? The property is easy accesable via a shared rear passage door, she will still have a remote for the shutter but it can be isolated from inside. What about the outstanding rent. Link to comment Share on other sites More sharing options...
russ295 Posted August 15, 2016 Author Report Share Posted August 15, 2016 Yeah Rich thats something to think about in the future, first tenant I've had thats been a hassle tbh. Link to comment Share on other sites More sharing options...
vicks Posted August 16, 2016 Report Share Posted August 16, 2016 The cost to forfeit a lease and evict your tenant isn't that expensive and will be in the region £300. You are only able to to one or the other so if your tenant owes rent arrears you can either instruct a bailiff to carry out CRAR (commercial rent arrears recovery) or forfeit the lease, you cannot do both at the same time. To carry out CRAR a bailiff attends to seize goods to the value of the arrears if the tenant cannot pay. These are then taken to auction to be sold. If you choose to forfeit the lease you can start a money claim to recover the arrears. I hope this helps. Link to comment Share on other sites More sharing options...
russ295 Posted August 17, 2016 Author Report Share Posted August 17, 2016 Cheers again. Ive spoke to the tenant and agreed for her to stay in the property and pay her arrears and rent weekly, hopefully she plays ball Link to comment Share on other sites More sharing options...
KathyGolden Posted October 14, 2016 Report Share Posted October 14, 2016 You should consult a real estate attorney. Link to comment Share on other sites More sharing options...
kerbut Posted October 15, 2016 Report Share Posted October 15, 2016 Do we have "real estate attorneys " here in UK or is it a Yank thing. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.