Court Claim from Landlord.

[Satterthwaite]

Until recently my wife was renting a small lock up shop, the lease was up and due to health problems it was a good time to just hand the keys back.

 

She had always dealt with the agents and not the landlord directly, he owns a LOT of property.

 

She has now received a court claim from the landlord claiming for a quarters rent payment in March 2011 and another from March 2012. Plus interest at 8%. Which incidentally they have calculated incorrectly.

 

The agents have been asking about these alleged missed payments for a while now but they only "came to light" after an internal review.

 

The agents have for the past 9 years been pretty useless for want of a better way of putting it. For example despite a clause in the lease prohibiting a similar business opening up on the parade of shops they let one open right next door. There excuse was they forgot about the clause.

 

I have lots of questions hope this is the right place to ask them ?

[Satterthwaite]

Obviously the wrong place?

[AndyOrch]

Obviously the wrong place?

 

Correct...thread moved to commercial/residential lettings forum.

 

Regards

 

Andy

[Satterthwaite]

Cut a long story short; she has to pay up.

 

Due to financial constraints she can only afford to pay £50 a month.

 

This offer was rejected after she submitted an N245 requesting she be allowed to pay £50 a month.

 

The reason the District Judge gave for rejecting her offer was because it was a commercial debt.

 

She has now asked for a redetermination hearing .

 

Problem is what ever the debt is she can't afford it all at once (over 3k)

 

Does anybody know what options are open to her?

 

Thanks.

[AndyOrch]

Try and thrash out a deal direct with the claimant...which is mutually acceptable to both Satterthwaite ...as for the debt being a commercial debt makes no difference so unsure what the DJ is referring to..

 

They have further options to execute the judgment so try to agree some kind of reasonable payment plan...(subject to finances)...you could agree a vol charge on your property as security along with the £50.?

 

Andy

[Satterthwaite]

Thanks,

 

Thats good advice, the landlord leaves everything to his agents who are very difficult to deal with.

 

I agree about the commercial debt does not make sense really.