Statutory demands

General chat topics, anything and everything you want or need to discuss
Kneerly Down
Posts: 719
Joined: Wed Apr 22, 2020 11:30 am
Has thanked: 164 times
Been thanked: 308 times

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?
User avatar
moth
Posts: 453
Joined: Sun Mar 15, 2020 5:26 pm
Location: Still hiding behind the sofa
Has thanked: 336 times
Been thanked: 192 times

Re: Statutory demands

Post by moth »

Balaclavas, baseball bats.
Proud Tory scum since 1974.
Mussels
Posts: 4441
Joined: Mon Mar 16, 2020 9:02 pm
Has thanked: 836 times
Been thanked: 1238 times

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.
User avatar
Horse
Posts: 11552
Joined: Sun Mar 15, 2020 11:30 am
Location: Always sunny southern England
Has thanked: 6189 times
Been thanked: 5087 times

Re: Statutory demands

Post by Horse »

Are garnishee orders still a thing?
Even bland can be a type of character :wave:
User avatar
wheelnut
Posts: 2229
Joined: Mon Mar 16, 2020 4:36 pm
Has thanked: 907 times
Been thanked: 1001 times

Re: Statutory demands

Post by wheelnut »

CCJ and high court. I would be passing it on to a specialist debt collection company I think.
Wreckless Rat
Posts: 1253
Joined: Thu Jul 30, 2020 11:25 am
Has thanked: 666 times
Been thanked: 704 times

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
Posts: 719
Joined: Wed Apr 22, 2020 11:30 am
Has thanked: 164 times
Been thanked: 308 times

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.
David
Posts: 2134
Joined: Tue Mar 17, 2020 8:50 am
Location: Top 'o the Worle
Has thanked: 218 times
Been thanked: 689 times

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.....
Mussels
Posts: 4441
Joined: Mon Mar 16, 2020 9:02 pm
Has thanked: 836 times
Been thanked: 1238 times

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
Posts: 719
Joined: Wed Apr 22, 2020 11:30 am
Has thanked: 164 times
Been thanked: 308 times

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'
Beancounter
Posts: 1009
Joined: Sat Mar 14, 2020 1:20 pm
Has thanked: 2870 times
Been thanked: 554 times

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.