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mla
13-11-2005, 19:50 PM
Hello all,
I am fairly new to commercial property. I have bought a property with 3 commercial tenants at an auction. I completed on 28th October 2005. On recieving the rental schedules. One of my tenants, a dentist has not paid the quarterly rent which was due on the 29th September 2005. So I had to pay the previous landlord £1000 (a months rent). And I have been been advised to seek it from the tenant. I visited her a 10 days ago and she verbally told me she intends to leave in December 2005 (her lease expired in 1997 and she has been holding over). She has told me she has paid the rent to the previous landlord's his solicitor says she has not paid.
Can I approach her local county court and seek a possession order, rather than use bailffs. Will it be reasonably easy for me to fill out these forms myself. Or should I take another approach?
Advice would be much apreciated

Editor
16-11-2005, 10:06 AM
I'm surprised that the solicitors between them have allowed this situation to arise. The rent should have been paid to the previous landlord, and then apportioned to you, or to his solicitors as the dentist claims - it should not have been your responibility to collect it.
Find out if the dentist has paid as she claims - you can put pressure on both the solicitor and the dentist by threatening to report them to their repsective professional bodies if they cannot come up with the truth of the situation!
Generally, dentists are excellent tenants and it's a major plus point that the property has the necessary approval for a dentist's surgery.
I don't see why you would need to evict? You have a tenant who is obliged to pay rent until the end of her notice period - you are entitled to written notice of one rent period - 3 months.
In the meantime I would be trying very hard to arrtact another dentist into the property if it was mine!

SteveP
16-11-2005, 22:00 PM
If the dentist has paid the rent ask her for evidence. Send the evidence to your solicitor and tell him to get your money back.

This does happen from time to time, it is not unheard of.

mla
17-11-2005, 20:34 PM
Thanks for the advice