Money claims on line Tenants withholding rent.

[h2o]

My wife and I went to live in Spain (we are both retired) and decided to lease our house which is in her name.

 

the lease was drawn up by her solicitor for a year,

when the term was up we were asked by the tennents if we would extend it for another year

they had been good tennents so the lease was extended for another year.

 

My wife was taken ill so we came back home and lived with our daughter soon after my wife died.

 

There was almost a year to run on the lease,

 

I contacted all the officials involved with death.

 

As we had seperate bank accounts I contacted the bank who froze her account but paid certain expences (funeral director, tax )

and also allowed money to be paid into the account

 

but advised me as I was excutor on the will to open a seperate account, which I did

 

there was various money coming into her estate.

I spoke to all the debtors involved and there was no issue in paying the money in to the executor account I opened.

 

When I told the couple that had leased the house there was no problem with them staying to the end of the lease

or extending it if they wanted to they were happy with the arrangement.

 

After a few months I had noticed they had not paid rent then

 

I got a letter from them saying they were not going to pay as they could not be sure I was the executor,

the solicitor that drew my wifes will up and contacted them and told them I was named as exexutor on the will.

 

I then got a telephone call from them telling me I did not have the legal capacity to act as executor to collect monies owing to her extate in.

I told them that the statement they made was rubbish,

 

I then got a call from them demanding to see the letters of administration which from what I can understand you get these if a person dies without a will.

 

After six months I wrote to them and said if payment was not made to the executor account with in seven days I would put them into court.

 

The seven days came and past without payment so I put them into money on line court.

with in days of the summons being delivered they said the mony would be paid by fast bank payment

but in two days this did not happen. but

 

several days later on the 1st of the month a payment was made but not all of it.

I then got a letter from the court with their defence

they changed the date and have made it look like they had paid in full before they got the summons.

 

The court paper work asks have they paid (which they have but not in full nor did they pay in time

and the only option I get is do I agree or do I disagree.

 

where do I go and

 

what do I do from this point on as there is several thousand pounds out standing to the end of the lease

 

any help would be greatful

 

Jack

[rebel11]

Hi h2o

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[AndyOrch]

Hi

 

If you could provide a time frame and dates and what stage of proceedings you are at it would help in advising you of your options.

 

Have you responded to their defence?

Have you informed the court you wish to proceed?

Have you received a Direction Questionnaire (N180)?

 

Regards

 

Andy

[h2o]

Hi Andy

 

It started some six months ago, the tennants paid by direct debit .I was in a mess when my wife died and not knowing where to turn. I contacted a solicitor but I could not afford the fees so I followed the guides given by age concern.

 

I went to my wifes bank who were very healpful they froze the account and opened another as I was named executor I was told this was batter than using my own account as it keeps the money seperate (something to do with probate)this took place around September 2013.

 

My wife had a pension, some money from investments and the rent from our house which was in her name going into her account.

 

I noticed the diredt debit for the rent was still being paid into the original bank account,(September) and was told the bank had the descresion to accept mony in but until grant of probate funds could not be drawn on only under certain circumstances (tax and various other bills).

 

The October rent was not paid on time. but I put ths down to my asking the tennants to change the account (this happend with the other people, I explained the situation to them but it sorted its self out) I then checked the November statement all the money was being paid int the executor account but the rent had not been paid into either account.

 

I wrote to the tennant who sait he was not going to pay the rent, he would pay the rent once I had grant of probate to ensure I was the genuine executor. As I was going through a bad patch things went unattended.

 

As the amount was over a £1000,00 and I had written several letters and made phone calls all I got was excuses from him.A friend told me to put him in small claims court. I wrote one last letter to the tennant saying if the momy was not paid in the next seven days I would put it in the hands of the small claim court which I did.

 

I then got a letter from the court saying he had paid but this coincides on the day the on the last day before the court could take action for the recovery of my fees. As we no longer have a court house we can attend in person I done it on line. it appears if it is done in a court service is deemed to be two days but if on line five days so although I got the rent am I to take it I have lost the court fee. Although he paid the rent the agent that drew the lease up said if the rent was outstanding for more than 8 weeks the rent would attract interest, I know this is not a lot but in theory rent was not paid in full. Plus there is at least six months of the lease left. I can not afford to keep taking him to court nor can I afford to lose the rent and I do not want the aggravation. To me it looks like the only thing to do is walk away. it is not only the rent I am worried about it looks like if he is not going to pay the rent when the lease ends I will have a hard job to get the kouse back. I have not responded to their defence and have about 10 days left to reply to the court. As it can be seen from the letters and bank statements he has tried to mislead the court dd I write to the court and explain? do not think I have had form N180 and am not sure what it is,

 

Thanks

 

Jack

[AndyOrch]

To be honest its none of their concern who the executor is they are tenants and are breach of their tenancy agreement ...I personally would have issued a Notice of Eviction along with the money claim.

 

Andy

[AndyOrch]

Thread moved to general legal issues.

[h2o]

To be honest its none of their concern who the executor is they are tenants and are breach of their tenancy agreement ...I personally would have issued a Notice of Eviction along with the money claim.

 

Andy

Andy

 

Thanks for the other information. If they keep to their side of the bargain I would be quite happy ( although when hy usefulness as a child minder my daughter may evict me! ) I am not to sure what happens now I have sent my side to the court. the corrt will no coubt contact me in due course