Commercial Rent Arrears - what should I pay?

Quashing Orders. Stopping Enforcement. Applying for more time to pay. Disputing a liability.
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camplinj
Posts: 3
Joined: 16 May 2016 10:35

#1 Commercial Rent Arrears - what should I pay?

Post by camplinj » 16 May 2016 10:56

Hi,

Due to a complicated cesarean I was late on paying my quarterly shop rent by under 2 weeks. I paid on 5 May, and apparently a bailiff was instructed on 4 May, this is what I'm told.

I wasn't aware of the action until a bailiff turned up on Friday, 13 May, with a notice requesting a bailiff fee payment of £386.00. He threatened to remove all my equipment from my shop this coming Wednesday if I didn't pay him by close of business today - 16 May.

I have not received any letters but the owner of Dawkins bailiffs claims one went out on the 4th, plus a follow up letter. He has confirmed that no court has been involved in the process so I am also unsure how they would legally remove my goods.

Furthermore, the bailiff who visited threatened by sms to make a further visit for an additional £110 to the shop.

What are my rights? Should the landlord's agent who instructed the bailiff not have informed them that they have received the rent payment? I believe they have not sent their bailiff notices as it would have been received. Is the warrant still valid if the rent has been settled?

Thanks in advance for any advice.

camplinj
Posts: 3
Joined: 16 May 2016 10:35

#2 Re: Commercial Rent Arrears - what should I pay?

Post by camplinj » 16 May 2016 11:35

camplinj wrote:
Just editing this original post. I've received copies of the bailiff letters not received and the address is incorrect. Am I still liable for any bailiffs fees?

Hi,

Due to a complicated cesarean I was late on paying my quarterly shop rent by under 2 weeks. I paid on 5 May, and apparently a bailiff was instructed on 4 May, this is what I'm told.

I wasn't aware of the action until a bailiff turned up on Friday, 13 May, with a notice requesting a bailiff fee payment of £386.00. He threatened to remove all my equipment from my shop this coming Wednesday if I didn't pay him by close of business today - 16 May.

I have not received any letters but the owner of Dawkins bailiffs claims one went out on the 4th, plus a follow up letter. He has confirmed that no court has been involved in the process so I am also unsure how they would legally remove my goods.

Furthermore, the bailiff who visited threatened by sms to make a further visit for an additional £110 to the shop.

What are my rights? Should the landlord's agent who instructed the bailiff not have informed them that they have received the rent payment? I believe they have not sent their bailiff notices as it would have been received. Is the warrant still valid if the rent has been settled?

Thanks in advance for any advice.

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Schedule 12
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Joined: 30 Jul 2012 21:23
Location: London WC2
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#3 Re: Commercial Rent Arrears - what should I pay?

Post by Schedule 12 » 24 May 2016 10:56

Ask the bailiff for evidence of the time the notice being given to the debtor.

If he cannot show it then enforcement fails on paragraph 7(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

A certificate of posting, which is freely available from the post office would be sufficient.

It states;
  • (3)The enforcement agent must keep a record of the time when the notice is given.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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