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Business Rental Arrears - Council Propert


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I am behind with my business unit rent, only a few months, but the council aren't happy, this is what they have said will happen if I don't pay within 7 days, some of this looks highly suspect to me, please advise.

 

Can they just 'send' bailiffs without it going to court first?

 

I'm going to try hard to pay of as much as possible quickly anyhow, but times are hard.

"I regret I must now inform you that unless full payment is received within seven days of the date of this email Recovery Action will be taken without any further reference to you: this will probably be either by instructing Solicitors to seek Judgement in the County Court, or more usually by passing the matter immediately to Bailiffs who will collect the Debt personally.

 

In both cases costs will be incurred and obviously the (place of rental) will seek to have these paid by you - in the event of Bailiffs being instructed, however, a large part at least of their charges will automatically be due from the Debtor. It may be that all Debt Collection costs will be paid by you and if this is so then such costs may well be substantial - amounts in excess of £300 would not be unusual.

 

You should also be aware that the Bailiffs' charges will start running as soon as they make a visit, whether or not the Debt has been settled in the period between instruction and visit. It is, of course, up to the Licensee to ensure that his/her licence fee/service charge actually reaches the (place of rental) by the due date and if your licence fee/service charge is paid by Giro or through your own Bank then enough time must be allowed by you for that payment to reach the Council by the relevant date.

 

Would you please note that I have spelt this out so that there shall be no doubt as to what will happen if your service charge and licence fee is not now paid. On any future occasion where the licence fee and service charge remains unpaid after 21 days following the due date, Recovery Action as above will be taken without any further notice

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I am behind with my business unit rent, only a few months, but the council aren't happy, this is what they have said will happen if I don't pay within 7 days, some of this looks highly suspect to me, please advise.

 

Can they just 'send' bailiffs without it going to court first? - Yes & don't expect much change, if any, from £1k

 

http://www.legislation.gov.uk/uksi/1988/2050/contents/made

 

PT

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One thing to note - there will be no warning of a visit - they will just arrive and can remove goods immediately. Whatever happens you must enter a dialogue with the Council to try to resolve this, any payment plan arrangement you come to will have to be kept as even 1 day late can let them involve the Bailiff. At present I would guess it is all bluster - them telling you what they can do - but I would not like to take the chance.

 

PT

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So no court contact is required, baliffs straight in the door with no court order, or anything else?

 

Yes, unfortunately everything is stacked against you.

 

http://www.4rbusinessrecovery.co.uk/faq/?show=10

 

Please note where it says there are changes etc coming about - dated 2007 - this in actual fact has not yet been done.

 

PT

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