gary29 Posted April 21, 2008 Report Share Posted April 21, 2008 I am experiencing a stand off with tennant. Concerning Rent now being paid 4 weeks in arrears, as apposed to being paid in the normal way, in advance. Tennant has been in residence some 18 months now. At the start of AST, one months advance rent was forthcoming. I never asked for a deposit, I was giving T breathing space. More recently T started working, affecting entitlemnt to full HB. But As T is on a low wage. T is still entitled to some HB. During this time, a couple of months. T held off paying any rent untill T's benefit entitlement was resolved. This has now created the situation that due to the time interval T is now constantly in arrears. At the end of a 4 week period I receive cash from T for which I give a receipt and sign the rent book. Marking it with a 4 week arrears memo.The HB component is a BACS payment straight into my account.Which is upto date. Hence the rub. As far as T is concerned The fact I received a month in advance at the start of T negates any arrears because when T pays that clears the arrears but doesnt put T in advance. T is stating it depaends on how you look at it. T is intimmidating me by stating that as T's margins are low I am to be gratful to be in receipt of any rent. Regardless of any arrears. I have stated to T that it is normal for T to be in advance, for the purposes of covering rent. During notices to quit for example. T is not prepared to pay off any arrears. othar than normal rent and as I am in receipt of this rent. Then basically I have no legal redress?. It certainly feels as though T has the upper hand and has pulled the wool over my eyes. It is hardly worth the effort is it? Link to comment Share on other sites More sharing options...
heebs Posted April 21, 2008 Report Share Posted April 21, 2008 I am a new LL...so cant really advise...but it infuriates me how T sign up to one thing then decide to change things...as if its ok to....hateful...inexcusable...i feel for you..hope some of the senior members may be able to give you some good pointers...they are always very helpful good luck Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted April 21, 2008 Report Share Posted April 21, 2008 Your AST should clearly state payment terms ..........ie. "payable on/b4 1st of the month in advance" etc ......mine goes on to say "cleared funds to be received on/b4 this date or a £5 per late payment fee will be levied for every day late, until cleared funds are received" ........... Source of rent irrelevant ...that is the agreement, it is up to T to abide by terms or face penalties .....as with all professional organisations ..........if in doubt, try paying your mortgage late and having the same conversation with your lender !!!!!!!!!!!!! The Rodent Link to comment Share on other sites More sharing options...
J4L Posted April 21, 2008 Report Share Posted April 21, 2008 Hi Gary29, You've got yourself in a bit of a pickle with this one but it's relatively easy to get it sorted. Check over your AST, if it's any good it should say words to the effect of "Rental payments are due in advance and will be equal monthly payments due on the **st day of the Month. " Depends on where you got your agreement from there should be something similar on it that specifies this. Personally i'd be sitting down with the Tenant and explaining that they are breaking the agreement they initially signed and he has two options, the third is for your eyes only haha 1) ask for a proposal of how he intends to pay the arrears 2) serve him notice 3) Put the rent up anyway and try and recover it that way. I'd be tempted to try and keep him as you ARE getting the rent albeit in arrears and go for a payment plan (rent increase) to clear said arrears. If he doesn't play ball with any of the suggestions then issue notice, get him out and install a T that pays on time. Link to comment Share on other sites More sharing options...
J4L Posted April 21, 2008 Report Share Posted April 21, 2008 oops look like I was typing as Simon added his in. haha Link to comment Share on other sites More sharing options...
gary29 Posted April 22, 2008 Author Report Share Posted April 22, 2008 Thankyou for the kindly advice, T is very much a stick in the mud. I thought I could only issue notice after 2 months or as in my case 8 weeks. Due to 4 weekly payment terms. The fact T is only a constant 4 weeks in arrears, Is not suffcient grounds to issue a section 8?. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted April 22, 2008 Report Share Posted April 22, 2008 If the tenant is not getting futher in arrears i would be tempted to carry on as it is( yes i know it is not right) because you could go to all the bother of getting him out at further cost and have a vacant period inbetween tenants. Saying that i hate bullying, stroppy, rude, intimmidating tenants who like to dictake their own rules. I would have him out. Link to comment Share on other sites More sharing options...
simhar Posted April 24, 2008 Report Share Posted April 24, 2008 What happened to giving people the benefit of the doubt? Link to comment Share on other sites More sharing options...
J4L Posted April 24, 2008 Report Share Posted April 24, 2008 What happened to giving people the benefit of the doubt? I always give people the benefit of the doubt and Sarah has a go at me for sometimes doing it too often. In this case though it now becomes an arrears payment rather than an advance payment and that can lead to all sorts of unexpected problems. Link to comment Share on other sites More sharing options...
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