• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Section 17 Landlord & Tenant (Covenants) Act 1995

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Section 17 Landlord & Tenant (Covenants) Act 1995

    My first post after the HI! in the welcome thread so here goes...

    I used to own a business but sold it and moved abroad. I assigned the lease on the property to the new owners but they have since closed the business and now the landlords are after me to pay the rent (and service charges/insurance) for the last six months. There are two years to go on the lease so they will be after me for that in due course as well.

    My first question is, now that I am in Spain, how does this work? What process does the landlord have to go through to be able to force me to pay? In other words, does the fact I am in a different country mean it's not so easy to instruct bailiffs to come knocking on my door?

    One major factor that I need to mention is that I do not possess any assets. The move to Spain was to assist an elderly relative and we are currently living in her house. I do not have a job, a house, a car or a bank account in my name in Spain. My total worth adds up to £124 in a joint bank account in the UK. My wife is working here and everything is in her name. Whilst this situation may work in my favour at the moment, I understand that this debt stays alive for 6 years (8 when you add in the 2 not due yet) and I can't see my situation staying the same for too long.

    I don't really want this hanging over me for 8 years but I don't want to return to the UK either. The business premises are poorly maintained compared to others close by and it would be almost impossible to lease it to anyone for less than 2 years. The landlords' agents are also very difficult to deal with and did everything in their power to stop me from assigning it the first time. Since the transfer of the lease they have ignored my last 10 e-mails so It's fair to say that there has been a breakdown in communications and if I can, I'd prefer it if I never have anything to do with these people ever again.

    Any advice on what my first step should be would be greatly appreciated.

    Cheers.
    Last edited by Desiato; 31st December 2010, 12:42:PM. Reason: poor spelling
    Tags: None

  • #2
    Re: Section 17 Landlord & Tenant (Covenants) Act 1995

    To summarise, should I reply to the solicitors that are asking me for payment myself and explain my position or should I instruct a solicitor to do that?

    Will the fact that everything of value is in my wife's name stop them from pursuing me through the courts? (and through the European courts?)

    I've also contemplated making them an offer for half of what they are after on the condition that they end the lease and attempt to re-let the property (there's exactly two years left on the lease). If you were in their position and knowing my position, would you take my offer?

    Any advice greatly appreciated.

    Comment


    • #3
      Re: Section 17 Landlord & Tenant (Covenants) Act 1995

      This is so advice can be given but here is the relevant piece of legislation

      Landlord and Tenant (Covenants) Act 1995
      "Family means that no one gets forgotten or left behind"
      (quote from David Ogden Stiers)

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X