Statutory demands

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Kneerly Down
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Statutory demands

Post by Kneerly Down »

My sister has a house in London that she has rented out for the past 15 years to private renters.
The current renters, immediately on hearing that they couldn't be evicted (back in March IIRC) because of Covid related measures immediately said to my sister that they couldn't pay and haven't paid a penny since.

The Gov't in its wisdom has just extended the period she can't evict them for another 6 months.

Although she can't evict them the money is, obviously, still payable.
I understand that whatever action she takes, she is unlikely to see any of the money,
However, to focus the minds, I wondered about a Statutory Demand, which I think is still in effect, and the debt is over £5k so meets that threshold for individuals.

Anyway, does anyone know whether SD's are still able to be used, despite the Covid Rent Avoidance Scheme?
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moth
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Re: Statutory demands

Post by moth »

Balaclavas, baseball bats.
Proud Tory scum since 1974.
Mussels
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Re: Statutory demands

Post by Mussels »

A CCJ may change their attitude, they won't be able to rent anywhere else when they finally get evicted.
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Re: Statutory demands

Post by Horse »

Are garnishee orders still a thing?
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wheelnut
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Re: Statutory demands

Post by wheelnut »

CCJ and high court. I would be passing it on to a specialist debt collection company I think.
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Re: Statutory demands

Post by Wreckless Rat »

My suggestion would be to speak to a solicitor about options. I know it will cost a couple of quid, but most will do a fixed fee "advice" consultation about options available.

Totally different, but of a similar vane. I bought and AC unit for my office that failed in 6m - the company refused to even look at it until I slammed a small claims court claim in. They settled instantly. It's amazing what official proceedings can do to focus peoples minds.

Good luck to your sister anyway.
Kneerly Down
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Re: Statutory demands

Post by Kneerly Down »

I'm not sure the 3 (well, 8, but officially 3) Romanians will be too worried about CCJs.
Not sure if a Stat Demand followed by a bankruptcy order will work either, but eviction proceedings would, only not paying anything since Feb this year until April next year seems fine by the gov't.
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Re: Statutory demands

Post by David »

If its been over occupied you might have a lever there. Also check with the immigration service that they are all legal. Then its base ball bat time.....
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Re: Statutory demands

Post by Mussels »

Has she checked the rules rather than listening to the media? It looks from this like they can be evicted but it takes longer, notice can certainly be served now.
https://www.otssolicitors.co.uk/news/ca ... 9-pandemic
Kneerly Down
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Re: Statutory demands

Post by Kneerly Down »

You can evict them, if you provide 3 months notice (now 6) of eviction proceedings.
The courts are then delaying eviction proceedings, once the notice period is over by a further 3 months, then you need to take action based on the hopefully successful proceedings, so that'll eventually be well over a year of 'free rent'
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Re: Statutory demands

Post by Beancounter »

If you haven't already, this place might be able to offer you some more advice:

https://forums.landlordzone.co.uk/

I deal only with commercial property and our solicitor advised me that stat demands are pretty toothless just now, suggesting instead that a County Court Money Claim would be better but that it's unlikely to get anywhere quickly and we would still have to enforce it (assuming we won). YMMV.