How Do I Enforce Rent Payment

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    How Do I Enforce Rent Payment

    Hello every one. Please advise me if and how I can enforce rental payment. The tenant is due to move in on the 15th of November. Due to Covid restrictions the AST was signed by both myself and the tenant on the 8th October with the 1st rental payment AND the deposit to the DPS to be paid on or before 15th November. The tenant is now requesting to postpone their moving in date as they cannot find someonelse to take over for their contract with their existing landlord, and now have 2 amounts of rent to pay.
    On trust I gave the keys to the tenant so they could move in anytime after the 8th October, without extra payment.
    Please can any experienced landlord tell me, is the tenant now legally bound to pay the monies due on the 15th November i.e 1st Rent and the DPS deposit? If so, how do I enforce this? Many thanks in advance for your replies.
    mrsdee

    #2
    Ask yourself whether you really want this tenant, who appears to have wrapped themselves up in a bit of a mess. How did you source the tenant?

    You know what I'm going to say, never hand the keys over until moving in date. If the deposit and rent have not been paid by the agreed date they are in breach of contract. I would be inclined to let them go and get somebody else who starts off the tenancy in a more reliable way and chalk it down to experience and a lesson learned.

    As to enforcing the contract, what can you do? There isn't really much you can do to enforce payment when it hasn't been made, other than taking legal action through money claim on line.

    Comment


      #3
      Many thanks Jon66,
      Confirmation that if the deposit and rent have not been paid by the agreed date, then they are in breach of contract; was really what I needed to know.
      Handing the keys over was due to logistics and covid restrictions, and I was prepared to lose one months rent under those circumstances.
      I'm annoyed that I could have rented to other prospective tenants instead of this person. You're absolutely right, I don't want dealings with such a person who tangles themselves up in such a mess and I will treat their change of mind to move in as notification to break the lease agreement.
      Many thanks for your prompt response.
      Keep well and safe.

      Comment


        #4
        Hi mrsdee, in my experience if the tenant plays games from the start, let them go as you will be saving yourself a lot of hassle. Are you in/around London? If you are looking for a replacement tenant, I might be able to help.

        Comment


          #5
          Thank you Keylet,
          the property is in Wales and I am 140 miles away! mrsdee

          Comment

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