Unpaid rent- a strange one

martindfs

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a friend of mine had a lease for 1 year as a sole trader. everything was going fine with rent paid every month for the duration of the lease. after the lease expired the LL extended it verbally and also reduced the rent as the recession was kicking in as we all know. my friend got another rent reduction later on and now this is where it gets messy!

having tried to stay in business my friend had no option but to close shop. keys handed back and everything paid and I mean everything. suppliers, revenue, rates, phone and electricity- everything. 6 weeks after closing shop my friend got a bill from her LL requesting payment of more than 10k. shocking I know. when asked how can a person accrue arrears of 10k the LL laughed and said pay up or else court. my friend asked how can I owe more than 10k the LL said -- your rent was 1500 per month which was reduced to 1000 per month and now I want the 500pm back and that is how more than 10k is owed........shocking I know

my friend has even statements showing rent paid etc from LL with deductions and now hes taking my friend to court. court date is soon. rent was paid in full for the initial lease then verbally agreed thereafter.

any advice for my friend as this is shocking. my friend already paid 2k for the barrister!
 
from the figures you give, the reduced rent must have been over at least 20 months - if what you friend is saying is correct then I don't understand how this can be getting to court without their first having been demand letters, notice of eviction, etc. solicitor's letters chasing the due rent ? Does the LL have any of these?
 
Hippy,

No demand letters whatsoever and not even a mention of eviction notices. I know this as a fact because we r close friends. I know that if i miss a mortgage payment my bank would hound me for the payment but this particular LL is really pushing it. Hopefully the judge will throw it out but my friend is already out of pocket in defence. in actual fact after handing the keys back which were accepted by LL they handed my friend with the bill approx 6weeks after leaving premises. after another 2months the LL got a solicitor to write threatening letters etc which my friend counteracted through a solicitor in defence. how can a LL let a bill of more than 10k run without taking action- I know if I was a LL I would be saying pay up or get out even if they missed 2months rent. laughable and unbelievable I know but what a waste of money trying to defend yourself from such fools
 
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well first of all my friend has to defend himself and a barrister is needed in court.

I am not disputing that, it is an interesting dilemma, I don’t know the answer, but would be interested to know what the barristers opinion is.
 
great news. this matter went to court and the other side wanted my friend to offer a sum beforehand in which my friend stood his ground and said I owe nothing. went to the judge and low and behold the judge ruled against the LL and now LL has to pay all expenses including my friends!
 
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