However, it is important to note that any situation where you are in dispute with another party can give rise to litigation. He said the waiver will help tenants recover from the adverse effects of the global health crisis. The nightmare tenant. The landlord seeking to evict the tenant and recover rent arrears would need to prove that they have grounds to evict the tenant. Should your tenant challenge a commercial property rent arrears, rest assured that our solicitors will explore every possible option available to recover the arrears you are due. Many UK landlords may not be aware but they are still entitled to claim any rent arrears owed to them by evicted tenants for up to 6 years from the date the money was considered due. As a first line of inexpensive action, there is very little that works better in recovering rent arrears then a bespoke solicitor's letter before action. In cases of tenant rent arrears, landlord’s will now only be required to give 4 weeks’ notice where a tenant has accrued six months’ worth of arrears. Payments can be made by cash, postal order, cheque, debit/credit card, standing order or direct debit. Landlords therefore need to take swift and decisive action when rent is paid late or not paid at all.Our Rent Arrears documents have recently been updated and expanded. We would therefore advise all landlords to consider dispute resolution and mediation with their tenant(s) during this interim period. A County Court Judgment, if enforced, will have very serious consequences on your defaulting tenant's credit score. We have won cases both inside and outside of court for landlords – even where it repossessing a property to recover the rent owed. You must Issue rent arrears letters this affirms the required compliance with legal process. A CCJ can, however, be useful just on its own. This form is GDPR compliant and only collects your name, email and telephone number so that we may respond to your request, via email or telephone, for information on our products and services that you have enquired about. Thats not to say that its impossible to recover rent arrears, but you need to have a lot of determination and staying power. Please see our updated privacy policy on how we use cookies and how to turn them off. Time is Money. Evidence that the tenant left your property within the last six years. But lets take a look at it and see when it is possible and when it is not. Whether you have a large property investment portfolio or a single rental property, as a landlord you rely on regular rent payments to keep your property rental business afloat. Here’s what you can expect during the process: In many instances, a tenant can simply change their contact details, hoping the landlord gives up chasing payments. After this date, it is likely that landlords will be required to send a ‘reactivation notice’ to the court and to their tenant(s) confirming that they wish the claim to continue. • If you leave your tenancy with former tenant arrears and do not give us your new address, we will use a tracing agency to find you. • We will contact you and give you the opportunity to make an arrangement to clear the arrears on your account. Blackstone Solicitors Limited | Company No. This could prove valuable information if you find out one of the tenants (whether they were in occupation or not) is worth pursuing more than the other. Using the Small Claims Court in Scotland - this can be utilised by landlords looking to recover a debt owed by a tenant. If a tenant has rent arrears equivalent to one month’s rent, then you can ask for the decision to make direct payments to be reviewed. We are one of the UK’s most trusted and effective debt recovery specialists and cover the entirety of England and Wales. Say it after me: “using a rent recovery service should NOT be your first step to solving rent arrears!” Rent Recovery Service. Call our solicitors today on 0161 929 0121 or send your message to info@blackstonesolicitorsltd.co.uk or allow us to contact you by completing our online contact form. If a tenant’s owes two months’ rent, their rent payments will automatically be switched to you. Paying former tenants rent arrears Arrangements can be made to pay the balance due by instalments. Our website does not collect or store, in any format, the details you have submitted. For all new enquiries call us on 0345 901 0445, email info@blackstonesolicitorsltd.co.uk or, if you prefer us to contact you, leave your details via our Free Online Enquiry Form for a free no-obligation discussion at a time convenient for you and let us explain your legal rights and options. After Possession Proceedings . The Commercial Rent Arrears Recovery (CRAR), which came into force in April 2014, did away with a landlord’s right of distress, which had been around for over 800 years. Rent Arrears, Service Charge Disputes, Deposit Disputes, Disrepair and Dilapidations Claims, plus general debts are all common reasons why Landlords, Tenants and Letting Agents would consider using the Small Claims Court. Once we have the necessary information, we will pursue the case on your behalf, getting in touch to update you on developments as much or as little as you’d like us to. New regulations under the banner of Commercial Rent Arrears Recovery (CRAR) have been in force since April 2014, and enable a landlord of commercial premises to recover rental arrears by taking control of and selling the tenant’s goods. It can be extremely tricky to reclaim this debt without the assistance of a solicitor. No win, no fee debt recovery and tenant tracing; Face to face collection services; Recover debts up to 6 years old; One-off or unlimited debt recovery; Tailored packages available; Benefits General litigation disputes can come in many forms. As Landlord you instruct ‘enforcement agents’ (formerly bailiffs) to collect the rent or take control of goods. Alternatively, there are a ‘whole load’ of tracing companies that will promise to find your tenant for a fee. Rent arrears is one of the most common reasons for landlords to give a section 8 notice rather than a section 21 notice, however, the tenant needs to be at least 2 months (if rent is paid monthly) or 8 weeks (if rent is paid weekly) in arrears. The Landlord Group has a team of experienced lawyers dedicated to residential rent arrears recovery. The team at Blackstone is able to help in any such instance, drawing upon our wealth of experience in these areas to provide the guidance you require. Required fields are marked *. ... We can help recover debt even when the tenant has disappeared. If you pay by credit card there will be a 2% surcharge. 'The commercial rent arrears recovery scheme is a self-help remedy for landlords which allows you to take and sell a tenant's goods to the value of what is outstanding. There are further restrictions for those tenants who have committed anti-social behaviour or domestic violence. Connect Debt Recovery Overview. Tenant left owing £14,000 with £2,000 of damage. Commercial rent arrears recovery (CRAR) from tenants can be very costly for landlords and managing agents. Commercial rent arrears recovery (CRAR) While we will always aim to preserve the landlord-tenant relationship, we know that in many cases, this is not possible. If you wish to serve notice based upon rent arrears, landlords are being encouraged by the government and the courts to attempt to mediate with their tenants. This field is for validation purposes and should be left unchanged. Rent arrears recovery doesn’t have to be complicated, especially when you have debt recovery solicitors to help. Track rental payments with a magnifying glass. Does anyone have experience of recovering rent arrears from my former ex-tenant? Blackstone Solicitors will perform the vast majority of work during the rent recovery process. Tenants will be jointly and severally liable for the rent arrears meaning you can recover all the sums due from only one of the tenants leaving them to chase the other for their share. We have started a small claims This replaces the previous law of distress for both new and existing leases. Often the ex-tenants will find excuses to delay payment; will ignore calls and letters, or disappear altogether.Blackstone Solicitors specialise in rent arrears case’ armed with the legal expertise needed to ensure a fair outcome for landlords. From the commencement date of the emergency legislation (27th March 2020), the notice period that a landlord is required to give to a tenant (whether it be a section 8 rent arrears notice or a section 21 notice) was extended to 3 months for properties in England and 6 months for properties in Wales. Once the CCJ is obtained we can discuss your enforcement options. Every instance of unpaid rent arrears is judged on its own merit however a reputable and Leading Debt Collection Agency for Landlords and Lettings Agent service can maximise the chance of recovering any unpaid rent arrears. As of Saturday 29th August, following the governments most recent announcement, the government has extended the notice period which a landlord is required to give a tenant to 6 months. We understand that chasing money can be exhausting and stressful, which is why we take appropriate steps to alleviate the burden. Okay, so you’ve been patient, you’ve tried resolving the rent arrears with your tenant, but to no avail. Most people would rather leave it and move on with their lives. Landlords will also need to send updated information about their tenant’s circumstances for the court to consider – such as issues of vulnerability, disability, financial difficulties, etc. We have a network of specialist tracing agents who are experts in the field of tracing former tenants. A description of the process that would be followed where a court orders that the tenant must pay rent arrears following possession proceedings, and the tenant fails to satisfy the court judgment. Or possibly, your tenants have vacated the premises! Tenant's representative says Tenant is receiving DWP social security benefits - sent me a rude email saying he could not even afford £1 per Specialising in helping landlords recover debt from non-paying or absconded tenants, the company operates throughout the UK. Our rent arrears recovery service includes drawing up a section 8 notice and rental arrears schedule, serving it on your behalf in accordance with the relevant clauses of your tenancy agreement and providing you with a certificate of service. It’s a landlord’s worst nightmare: a former tenant absconds from a property without having paid everything owed. Often the ex-tenants will find excuses to delay payment; will ignore calls and letters, or disappear altogether. It can be extremely tricky to reclaim this debt without the assistance of a solicitor. Do you want your defaulting tenant to take you seriously? The actions on this page are usually used when the tenant has left. The Landlord Group has a team of experienced lawyers dedicated to residential rent arrears recovery. Blackstone Solicitors specialise in rent arrears case’ armed with the legal expertise needed to ensure a fair outcome for landlords. Doing so is easy, simply give us a call on 0161 929 0121, Authored by Rebecca Dutton Posted in Blog, News Tagged as, Your email address will not be published. Now it’s time to … How to bring inheritance money from Iran to UK. The Landlord Group team can assist with this. Hasn't been to Court. Below are the three main stages that we undertake to recover unpaid rent from tenants in residential properties. Usually these debts relate to rent arrears or costs arising from repairs. We are committed to speedy resolutions, so if you are happy with all the necessary arrangements and fees, our solicitors will get to work on reclaiming your debt right away and aim to get your money back in a matter of weeks. Within 48 hours of receiving your instruction our panel of lawyers will draft and send a solicitor's letter of demand, known as a letter before action, to your tenant. If you decide to recover the rent you might find the commercial rent arrears recovery scheme a good option. Given the extended notice period now required and if you are in a position whereby you require possession of your property as a matter of urgency, we recommend that you progress matters as soon as you possibly can with the service of the appropriate notice. Many UK landlords may not be aware but they are still entitled to claim any rent arrears owed to them by evicted tenants for up to 6 years from the date the money was considered due. If the ex-tenant’s address isn’t known is, we’ll need a trace. In April last year, Sonko ordered a waiver on all rent arrears owed to the city government. If you are waiting for a court hearing date, please note that the standard 4-8 week wait period for hearings has now been temporarily suspended. However, again following the governments 11th hour u-turn on Friday 21st August, all court proceedings are currently stayed until 20th September 2020. The threat of such proceedings can, in many cases, be enough to make your tenant reconsider their position and pay you what they owe. If one day your tenant wants to get a mortgage or bank … We can help you obtain the money you’re entitled to and ensure a fair outcome. Your email address will not be published. Collecting unpaid rent therefore often involves discovering where the former tenant is now situated. Your Money - Former Tenant Rent Arrears What action can you take to recover former tenant arrears? Recovery of Rent Arrears. In our experience, most tenants pay up when they receive a formal solicitor’s letter threatening court action. Find out how you can benefit from our tenacious and forthright approach today by getting in touch with the team. If you successfully achieve the judgement then this will create the CCJ. The distress remedy allowed landlords to recover rent arrears by seizing assets without the need to go to court or provide a prior warning. 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