Tenancy and Eviction

Prepared by: Constantinople

If a tenant does not pay rent, first clarify which amount for which month was unpaid when due. Recovery of the debt and termination of the tenancy have different requirements. Partial payment, the deposit, set-off or disputed rent increases should be shown separately. Acting on a general total increases the risk of an incorrect demand in a notice or enforcement application.

Prepare the lease, bank movements, previous receipts and correspondence together. The tenant's identity and an address suitable for service are verified. If a relative or representative collects payments, their records are also examined. A clear schedule may show the period to which each payment was allocated. Rather than merely stating that the tenant did not pay, the debt's formation should be made clear through documents.

For termination based on default, the notice's content and period allowed matter; the statutory minimum for dwellings and roofed business premises is thirty days. Eviction through enforcement and court proceedings follow different procedures. Mediation exceptions are assessed according to the selected route. A notice addressed to the wrong person or improperly served may not produce the expected result; time is calculated from all documents.

In a paid initial review, we assess the debt amount, recovery prospects and any ground for eviction separately. Payment monitoring and representation for a landlord abroad can be defined in advance. Pressuring the tenant or having electricity or water disconnected does not replace legal proceedings. Fees, expenses and potential objections are explained in writing when selecting the appropriate legal route.