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  • Legal proceedings to recover rent

    Well, my commercial building tenants haven't paid their rent. I have chased many times but now looking at legal proceedings to recover my rent.

    I will give them formal notice and a further two weeks to pay the rent. But does anyone have advice? Is it as simple as handing over to a lawyer? In some ways I'd like to not use a lawyer to experience the legal process myself. Any input welcomed.

  • #2
    Make sure you carry out the lease cancellation process correctly.

    If you're managing it yourself, I would highly recommend using a lawyer to issue the notice of cancellation because the wording and attachments must be 100% correct. Depending on how much rent is still owed, you may not require a lawyer to go through Disputes Tribunal but definitely get qualified advice prior.

    Take a quick read over Cancellation of leases Sections 243-264 of the Property Law Act as well if it's unfamiliar.

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    • #3
      Good points, and I agree. Going to the disputes tribunal sounds like a plan. Will look into this.

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      • #4
        Yes get the lease terminated correctly, but I'd do the disputes tribunal myself.

        I've done it 3 times now, won each time. Just make sure you have your facts right and you're good to go.

        Also, I assume you have a personal guarantee right? Otherwise you can't really do anything.

        First time I did this I got advice here on PT, here is the thread: https://www.propertytalk.com/forum/s...light=bankrupt
        Squadly dinky do!

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        • #5
          Thanks Davo. That's a great link you posted, I'll have a read through that. Yes, I have two personal guarantees and my plan is to make a disputes tribunal claim against them.

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          • #6
            Originally posted by cb14 View Post
            Thanks Davo. That's a great link you posted, I'll have a read through that. Yes, I have two personal guarantees and my plan is to make a disputes tribunal claim against them.
            Good on you.

            And please come back here and let us know how you get on.
            Squadly dinky do!

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