PROCEDURE FOR RECOVERY OF RENT ARREARS 7 DAY DEMAND LETTER Refers to outstanding balance and seeks settlement of the

full balance within 7 days.

NO PAYMENT

Is there an extract registered Lease? NO SHORT FORM DEMAND Letter giving tenant 48 hours to make payment. STATUTORY DEMAND Letter giving tenant 21 days to make payment.

YES

NO

Is the Tenant an individual? YES

INITIAL WRIT The writ is sent to the sheriff clerk who grants a warrant which permits BB LLP to serve the writ and warrant on the tenant. The warrant is issued to BB LLP by the court within 7 10 days. Is the landlords interest endorsed on the extract registered lease? WRIT AND WARRANT These are served on the tenant by registered post or sheriff officer at the tenants registered office and/or property address. The tenant has 21 days to lodge a Notice of Intention to Defend (NID). YES NO YES

Is the debt disputed?

NO 1. No NID lodged timeously. 2. Defender seeks to repay by instalment 3. Action defended.

Apply to court for section 88 warrant (5 7 days)

BB LLP will seek instruction to minute for decree

Repayment unacceptable?

proposed

Is the Tenant individual?

an

Is the Tenant a Company?

EXTRACT DECREE RECEIVED FROM COURT SERVICE OF CHARGE FOR PAYMENT This will be served by Sheriff Officers. The Tenant is put on notice to make payment within 14 days failing which diligence will be carried out against them.

ARRESTMENT

And/or

and/ or

INHIBITION

ATTACHMENT/MONEY ATTACHMENT

LIQUIDATION

BANKRUPTCY