Relief from forfeiture

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    Relief from forfeiture

    I have rented a small salon to a lady, we did have a lease in place and she fell behind witrh the rent which was £433 per month. I used Bailiffs to get the shop back using "forfeiture of rent".
    About three weeks after I had a letter from the County Court about a hearing. The lady have now applied for relief from forfeiture.

    She was 3 month behind with her rent and had the electirc cut off in the salon as she had not paid British Gas for the useage.

    Do I go myself to the hearing with all the paperwork or get someone legal to help.

    #2
    Have you relet the shop?

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      #3
      No, I did put a poster in the window "shop to let" but very little interest.

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        #4
        Just asking as it would definitely be advisable to be represented if you had relet.

        Whether you are represented depends really on how keen you are to avoid having the tenancy revived. It also depends on how confident you feel about speaking in court. If that is not a problem then it is a question of telling the judge why you feel relief should not be granted setting out the history of non and late payment and the tenant's failure to respond, throwing in the condition of the property if relevant. As the court has a discretion it is not possible to second-guess the outcome, but for relief to be granted the tenant should show there is a realistic prospect of the outstanding rent being paid and the current rent being met.

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          #5
          i would suggest that you have a meeting with the dear lady, and offer to annul the forfeiture if she clears the arrears up to the date of foreclosure and makes a contribution of say half of your fees in the foreclosure. If ou havent relet the court will be granted, you may as well have her as a tenant if she will clear the arrears; that is the pragmatic approach

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            #6
            Generally speaking, if its the first time that a Tenant has had their LEase for non-payment of rent and they can demonstrate (in their Application for Relief from Forfeiture) that they are ready, willing and able to pay the outstanding rent, then they will almost certainly be granted relief but they will have to pay the Bailiffs costs incurred by the Landlord.

            It may be best to try and negotiate a resolution with your tenant to avoid having to spend a whole day at court (you might have to sit around waiting). Once you've forfeited the Lease, the tenant will know you are serious and will do her utmost to avoid this happening again.

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