Commercial tenant 4 months in arrears. Can I evict him?

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    Commercial tenant 4 months in arrears. Can I evict him?

    I have a commercial tenant who owes us 4 months of rent. At one point he told me he was applying for a government grant so required a document from me stating his contract was taken out PRIOR to Covid.

    His shop has been closed for about 2 months but he has opened now. He tends to ignore my messages and is not paying rent.

    He owes £2600 in rent.
    Is there a way I can get through to him so he pays. Can I start the lease forfeiture now because I read I am unable to until 30/06

    #2
    There is a moratorium on forfeiture until September. If the tenant is in arrears of 189 days worth of rent you may use CRAR to seek to recover your arrears. My advice would be to not take it personal, most landlords are not collecting rent, and that includes myself.

    Comment


      #3
      But it is personal. Especially when you know that the tenant has the £10,000 free money but they decide not to pay the rent with it. The government website says;
      "The Small Business Grant Fund (SBGF) supports small and rural businesses in England with their business costs during coronavirus".
      These people who have received the grant know what it is for but have decided not to pay their rent despite the government saying rent should be paid.
      So it can't get anymore personal than that. It's a kick in the teeth to the landlord. They are living the life while we are going without and trying to decide what to cut back on next.
      I know people who have had the £10000 grant and not needed it. They are laughing their socks off. While we as landlords have had no help or assistance from the government at all and now the government has said it's legal for people not to pay their rent. It can not get any more unjust.

      Comment


        #4
        file a claim against the tenant on moneyclaim online. people dont like having CCJs

        Comment


          #5
          slooky .
          It's not personal as your tenant would be doing exactly the same regardless of who the landlord is. Does the tenant own any assets of value on the premises?

          Comment


            #6
            Not paying the rent solely affects me the landlord, the tenants behaviour of non-payment of rent directly relates to me and no-one else. I conclude it is personal.

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              #7
              Normally, if the rent is overdue in excess of 14 days and I am being ignored, I simply repossess by using a local bailiff - in fact, I've done so many now that I do my own, but your best bet is to do it by a bailiff so that he can check the wording on the lease.
              "There is a moratorium on forfeiture until September". Can anyone update me on this; which date in September? And where can I get this confirmed, as I have just the same problem as leonman 1. Thank-you.

              Comment


                #8
                As it stands, the relevant period ends on the 30th of sept. ts section 82 of the coronavirus act.

                Comment


                  #9
                  The tenant received the grant but not paying the rent is not contrary to the purpose of the grant.

                  You quote the government website as saying "The Small Business Grant Fund (SBGF) supports small and rural businesses in England with their business costs during coronavirus".

                  Presumably the tenant has business costs other than the rent.




                  Comment


                    #10
                    "As it stands, the relevant period ends on the 30th of sept. ts (sic) section 82 of the coronavirus act."

                    Under the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (No 2) (Coronavirus) Regulations 2020, Regulation 2(4) amends amends section 52 of the Taking Control of Goods Regulations 2013 to provide that, where the notice of enforcement is given after the coming into force of the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020 (SI 2020/451) and during a period in which protections from forfeiture for business tenancies are in place in England and Wales under section 82 of the Coronavirus Act 2020 (c 7), the minimum amount of net unpaid rent that may be outstanding before commercial rent arrears recovery may take place is an amount equivalent to 189 days' rent.

                    Comment


                      #11
                      If the tenant is guarantor by way of Authorised guaranteed Agreement can the landlord pursue the guarantor outside of the coronavirus act?

                      Comment


                        #12
                        So many people have lost jobs, investments (property, shares, trusts etc etc) paying way less or not at all, been seriously sick or died.

                        I'm content that me & family still alive and well.

                        Taking it personally seems to be missing the traditional British values of stoicism, decency. Most of us are having a tough time. Many much much tougher. The only person to blame for my failing investment decisions is me. (Well, ok, Cummings and his cipher Bozo the clown).

                        Best wishes to all with the right attitude!
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment

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