Rent arrears near end of lease and more!

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    Rent arrears near end of lease and more!

    I've got a tenant whose lease is up February 2018. Recently did a dilapidations survey with surveyor and turns out it is going to cost thousands to return the property into a good state of repair. Inside and out hasn't been touched at all since 12 years. He is also £10000 in rent arrears (part payment of rent) as he claimed he'd done repairs to the property but according to the lease he is liable for all these costs so now understands this.*

    He has agreed to make payments of a couple of hundred a month back but what about the massive costs for the repairs? I'm guessing this portion can't be claimed using CRAR, only rent?

    To me this is too smaller amount and would take forever to pay back. Quite frankly, I'm not happy renewing the lease in Feb. I'd rather he is out and I can arrange renovations and start again with a tenants.*

    Where do I stand as far as claiming this money?*

    I know if I send in bailiffs they can recover their fees and rent due but guessing not the repair costs? If this is done then his business will cease to trade as it is catering based and he will have no equipment to make money.

    If this happens then how would I go about getting the remainder? Take him to court?*

    I know that he owns his own home and possibly even one buy to let property so he does have assets. Thank you in advance.

    #2
    you cant use CRAR in relation to the dilapidations. Have you served a formal schedule of dilapidations under a section 146 Notice?

    If so, and if the tenant does not carry out the repairs; subsequent to the tenants vacating you can claim damages in the amount you reasonably expend in correcting any of the repairs required (but no alterations); assuming of course you can find the tenant. Get hold of a good solicitor specialising in property litigation at a leading firm in your region and have him formally re-serve the schedule (to be on the safe side) in such a way that the schedule complies with what is called the Protocol on Dilapidations. Your tenant will have to cough up the costs incurred by you in preparation and service of Notice and Schedule under this area of the law. Personally in view of what you say, I would then bring matters to a head over the arrears by serving, additionally,an inexpensively produced instrument on your tenant a statutory demand entitling you to petition for your tenant's bankruptcy if the arrears aren't settled in 21 days. There is no more potent weapon. Going bankrupt would result in your tenant's way of life being drastically changed. It focusses the mind. You have no doubt with a soft heart too indulgent toward your tenant. Toughen up and take the high ground; this money is due to you. If these people owe you the money do not let them *ick you around. The money is due to you. Bring out the big guns!

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