Circuit Court Costs

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dow jones

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I'm a landlord of a building let out on a 10 year lease which i purchased 4 years ago. at the time of purchase the sitting tenant was the underbidder. tho trading profitably he is now refusing to pay rent for the past few months stating that 'things are bad'. to even an untrained eye he is still doing very well on a modest rent of E750pw in a prime location. i cannot afford to let this situtation go on but my solicitor says it will cost about e17k if this case goes to court. this fee seems very high and i was wondering if anyone else might have an idea of circuit court costs?
 
17K is on the high side but presumably is to give you an indication of worst case scenario. That would be where the tenant fights it all the way, takes up loads of everyones time, loses , still won't pay.......You get the picture.

It is expensive to engage lawyers. You could try and do it yourself but I doubt very much that you would have the expertise unless you are a lawyer yourself.

mf
 
What about talking to a debt collector - there are some professional ones out there and they could at least write a formal letter for you.

Alternatively, ask your solicitor to write a letter as a starting point, perhaps threatening legal action after X period - after that think about actually going to court.

Some people pay up after a formal letter and a few phone calls from solicitor or debt collector.

Also, it may cost to get a court hearing but some people settle outside court, saving on the actual court costs - worth a try.

I'm not in the legal field, so these are just suggestions.
 
Have you discussed this fully with your solr.?

The length of time your tenant is there is crucial.

If his lease has expired then he is overholding......notice to quit needs to be served but the length of time that he is entitled to vacate will depend on the lease.

If he is rightfully there for 5 years or more then he is statutorily entitled to a new lease unless he is in breach of covenants and or conditions.

You need to provide more detail and discuss this with your solr. in greater detail. Your costs will be determined by how many visits to court and the courts are reluctant to allow landlords to forfeit leases if the tenant is doing his best.

Your solr. may be factoring in many visits to court.

Without more detail it is impossible to quantify your costs.
 
One thing to remember -- he is going to have at least the same amount of costs as you. And if he loses the case, will probably end up paying your costs as well.
 
I have an article on my website about terminating commercial leases and the circumstances and procedure under which you can do so.

Have a look at it and email me if you have any questions but it is notoriously difficult to get a tenant out for non payment of rent on the first occasion you go to court.
 
dowjones, have you tried simply reentering the property and changing the locks ??
 
Tenant could go to court and obtain an order for possession, damages and costs.

Unfortunately even if dowjones goes to court to forfeit the lease,the tenant will be given a reasonable time to remedy any alleged breach of the lease.

It is very difficult to get a tenant out and in these financially straitened times the court will probably cut even more slack to the tenant than it has historically.
 
I was given previous legal advice to enter a property for the purpose of changing the locks which I did. The outstanding issues were settled the following day and it didn't go to court.
 
elgransenor said:
I have an article on my website about terminating commercial leases and the circumstances and procedure under which you can do so.

Have a look at it and email me if you have any questions but it is notoriously difficult to get a tenant out for non payment of rent on the first occasion you go to court.
Click to expand...

thanks elgransenor and everyone alot of good advice there. i'm going to see my solicitor again this week and take it from there. its a sticky situtation as i have a substantial mortgage to pay with no rent coming in
 
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