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my partner has received a notice of enforcement for unpaid commercial rent. However, it has come from a previous landlord, not his current one. Is this allowed? Can a bailiff attend and take goods if the person who is alleging that rent is owed is no longer the landlord?
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Yes, if they were the owner and rent was not paid while they owned the property under a commercial lease agreement they are entitled to recover the debt outstanding.Originally posted by kittykins View PostCOMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
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Thank you for your response. We knew that he would have to pay the debt but I didn't think he could enforce it without going through the courts since he is no longer the landlord?Originally posted by jaguarsuk View PostComment
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Sorry I misread the question, no they cannot enforce the debt without first obtaining a county court judgement. If they have not got a CCJ against either the business or your partner as an individual a bailiff could not attend or remove goods, so if the notice of enforcement is from a bailiffs it would suggest they have one.Originally posted by kittykins View Post
Does the notice have an 8 digit alpha numeric reference on it? If so your partner should contact your local county court with it to see if a judgement has been entered. If it has also ask where the claim for was sent as they have not received it.
They can also check their credit file to see if one is registered on https://www.creditkarma.co.uk/ for free.
If a judgement has been entered there are things that can be done to remove it, but lets establish the full position first.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.Comment
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