What we offer;
- Tenant Tracing
- Rent Recovery
- Domestic & Commercial Tenancy Agreement Review
- Commercial Forfeiture (peaceful re-entry)
- Supervised Removal of Goods
The biggest fear for many private and commercial landlords (and the letting agents where applicable) is having a tenant leaving their property mid-tenancy and/or at the end of tenancy owing rent and on top of that, unpaid dilapidation costs.
Before you can undertake any form of recovery process on the outstanding monies, you will have to be able to demonstrate, beyond any reasonable doubt, that the debtor is fully aware of the recovery process being employed. That in itself can be difficult, an absconded tenant can very often be difficult to track down, making the whole process to recover what you are owed long-winded and time consuming.
Tenants leaving a property owing monies for rent, for property repairs or both are a massive source of frustration to landlords. Nowadays, any unannounced moves away from a property are fairly easy to orchestrate without leaving a trace. However, it is becoming increasingly more difficult to setup in a new location without leaving any footprints. If a debtor has absconded, we can quickly and accurately establish and verify the debtor’s current status and location.
Effective tracing requires a mix of science and systems. Using the latest technology and up-to-date databases, our trace agents return an incredibly high success rate of finding individuals – even those who do not wish to be found.
Once the debtor has been located, our team of experienced recovery agents commence with our highly successful process of debt recovery. The team not only look to recover the outstanding arrears but ALL other reasonable costs that have been incurred in pursuing the debt. These costs, in addition to all allowable penalties, will include items such as; Tracing and Personal Service costs, late payment fees, accrued interest and ad-hoc debt recovery costs.
We keep the charges as cost neutral to our client as possible.
Domestic Tenancy Agreement Review
We can review your current Tenancy Agreement to ensure it contains all necessary content to make it lawful, fair and fulfilling all the landlord/tenant obligations. We can check that it complies with all legislation and regulatory requirements and as importantly, confirm which one of the following tenancy types is appropriate to meet the landlords needs;
- Assured Shorthold Tenancy
- Excluded Tenancy
- Assured Tenancy
- Regulated Tenancy
Commercial Tenancy Agreement Review
Similar to the domestic side of tenancy, we can review your current Commercial Lease, to ensure it is fully compliant, lawful, fair and clearly details both the landlord and tenant obligations. We will check that the current lease that is in use, is still the best option for the landlord from the following Commercial Lease types available;
- Percentage Lease
- Net Lease
- Double Net Lease
- Triple Net Lease
- Fully Serviced Lease
Commercial Forfeiture Services (peaceable re-entry)
Depending on the lease, a commercial landlord generally has the right to forfeit a lease where a tenant is in breach of a covenant. The most common breach of covenant is the duty of the tenant to pay rent due. Failure to adhere to this basic requirement is a breach of contract and therefore the landlord will be entitled to terminate the lease.
A landlord’s power to re-enter a property and forfeit a tenancy has long been regarded as the greatest security to ensure the payment of rent. Although the act of forfeiting the lease does not actually remedy the tenant’s breach, in that it does not produce money, it prevents any reoccurrence of the breach and provides the landlord with relief and from being burdened with a defaulting tenant.
We can arrange to peacefully re-enter the respective premises, change the locks and ensure it is secure with the appropriate notices displayed. This is often seen as the most favourable option by landlords for obvious reasons;
- It is a much faster way to terminate a lease than through court proceedings
- minimum cost
- avoids the often unpredictability of the court
- shifts the responsibility to the lessee to apply for relief.
This comprehensive Forfeiture of Lease service includes making and providing the client with an inventory (written and photographic) of all valuable goods within 24 hours.
Forfeiture by peaceable re-entry is not available for any other breach other than non-payment of rent. For any other breach of covenant, a landlord must serve an s146 notice pursuant to the Law and Property Act 1925.
Supervised Removal of Goods
Following a lease forfeiture, there may be goods left behind that belong to the tenant. What options are available to the landlord for the disposal of the goods left behind? The landlord cannot simply dispose of them as they are covered by the Torts (Interference with Goods) Act 1977.
If another person, such as the landlord and/or agent, sells or disposes of those goods without going through the correct procedure, then the tenant can sue them for conversion, trespass or negligence.
Lawrence Lynsey are able to co-ordinate and supervise the secure and controlled entry of former tenants and/or their representatives back into premises, for the purpose of an agreed removal of goods and belongings.