September 30, 2009
As one of the leading Rent Recovery UK Bailiff companies. We are often asked our opinion where the landlord rents out property to Tenant “A” who without the consent of their landlord and contrary to the lease then lets the property to a sub tenant now Tenant “B”. The rent becomes due and is not paid the tenant has no goods in the property what can be done???????????
We can distrain on any goods no matter who they belong to at the property subject to statutory exemptions, protected goods and exclusions under DRAA 1908. However an unlawful occupations is usually treated as not excluded under the above act therefore we can distrain against Tenant “B” goods
B/ Forfeiture of Lease
Our bailiffs can go in an take possession of the property subject to the forfeiture clause contained in the lease for as breach.
C/ Statutory Demand
We can draw up a statutory demand under the Insolvency Act 1986 (Part of the bankruptcy procedure) and serve this upon Tenant “A” to get them to pay
D/ Section 6 Notice
We can serve a notice under Section 6 of DRAA which will force Tenant “B” to pay future and accrued rent to the superior landlord
E/ Issue A claim form
You can issue a claim in the County or High Court depending on the figures to get your money back.
F/ Chase the Guarantor
If you can not get the money by the above methods and you have a guarantor you can then pursue the guarantor