Thanks for your reply, and thanks to everyone who has responded. I'll have
another look at the situation in light of the useful information here.
Tanel.
wrote in message
news:9ac21e08-0bd6-4f35-a1a7-cd2fe2d0a2a4@13g2000hsb.googlegroups.com...
On 25 Mar, 16:05, "Tanel Kagan"
wrote:
> Hi group,
>
> I have a residential tenant who owes around £250 in ground rents and
> unpaid
> insurance premium.
>
> It's not a huge amount of money, but it all adds up.
>
> Aside from suing on the debt, or instituting forfeiture proceedings under
> the lease, does anyone know of any other quick remedies at a Landlord's
> disposal?
I doubt you can institute forfeiture proceedings under the lease. The
tenant would need to owe more than £350 for 3 years for you to be able
to do that under the Rights of Re-entry and Forfeiture (Prescribed Sum
and Period) (England) Regulations 2004 (I'm not making this up - I'm a
specialist on leasehold disputes which is why I know this kind of
obscurity).
As for the insurance premium. If its rent see above, if its not rent
then its almost certainly a service charge and you would need to (i)
obtain a ruling of a court or leasehold valuation tribunal that the
sum is due (assuming he doesn't admit it); and (ii) serve a notice
under section 146 of the Law of Property Act 1925.
Suing on the debt sounds more straightforward to me actually 8-).
The most important question to ask in enforcement is: where is the
money? If there's no money or property that can be turned into money,
then there's little point in trying enforcement methods. For example
distress is not much use if there's no distrainable property on the
premises; attachment of earnings orders aren't much cop if the
judgment debtor has no employment....
In this case, contacting the mortgagee (if there is one) might be
effective, it all depends on whether the tenant disputes the debt.
I'm assuming that the debts really are due. Rent won't be due unless
you demand it. Service charges aren't due unless a demand complying
with section 21B of the Landlord and Tenant Act 1925 has been served
etc.
Francis
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