tenant hasn't paid last months rent

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    tenant hasn't paid last months rent

    Hi there I am in a bit of a weird situation. Basically, 1 month ago I handed my section 21 notice to the tenant to leave the property. the T should be moving out of the property mid February. The T has always paid on time and kept the house in a good and clean condition. However when I checked to see if this months (the last month of the tenancy) rent had been paid, it hadn't.

    I contacted the T about this and got a reply today. The T said that they have had problem with work, so they haven't been able to pay the rent. Now I don't know how to approach this, Would you guys be firm in the response about it and tell the T that you will take the rent arears out of the deposit if it isn't paid by the end of the month (as its the end of the tenancy anyway) or would you word it differently to the T a little less abrupt like, If it can't be paid, we can work out the rent arears through the depost you paid? I'm asking this because they have been good T's and i don't want to come across as a (insert censored word here) but I'm not going to stand there and let them have one months free rent especially after not notifying me on the situation before the rent was due. I'll also state in the response that I will be picking up the keys on the said date of the section 21 notice to see if they sound like they will move out or not. Any help would be appreciated.

    #2
    Also my tenancy agreement states the following on the deposit:

    "The tenant pays the deposit as security for the performance of the tenants obligations and to compensate the landlord for any breach of those obligations. It is agreed that this sum shall not be transferable by the Tenant in a way and at any time against payment of the Rent and that no interest shall be payable on this deposit."

    "To pay the rent on the days and in the manner specified in this agreement"


    Because she has breached her obligation to pay her rent, That means I can take the rent arrears from the deposit right?

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      #3
      stand by for lots of responses asking you if you protected the deposit, issued legal info, issued booklet etc etc etc

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        #4
        Good point, i'll answer those now in advance:
        yes the deposit was protected within the first 2 weeks of the tenancy
        P.I was issued to T within first 2 weeks of tenancy
        Government how to guide was issued to tenant
        energy certificate was issued to tenant
        Gas certificate was issued to tenant
        section 21 6a notice was issued to tenant with 2 months notice



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          #5
          Allocate the deposit to the rent and there will be no deposit to be there for remediation

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            #6
            To be fair, the T has kept the property in really good condition, here's hoping they don't trash it before I get the house back. So going back to the original question, how should I approach the response?

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              #7
              If he's been an otherwise good tenant I suspect he's just concerned he wont get his deposit back so he's skipping the rent. Not the right way to do it but it happens.

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                #8
                I'm just a little worried in case they start pulling there face because I served them a S21 notice. What would be the right way to respond to them? Should I just say that it'll have to come out of the deposit?

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                  #9
                  I wouldn't mention the deposit I'd inform them that the tenancy still exists and they are in breach, you're sorry they are having problems with work but missing rent payments will have an adverse effect on their credit rating and their ability to get another property.

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                    #10
                    Tenant has work problems? I suspect he won't be moving out voluntarily.

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                      #11
                      Originally posted by JK0 View Post
                      Tenant has work problems? I suspect he won't be moving out voluntarily.
                      I would agree, if he was actively seeking a new private let then he wouldn't be skipping the rent.

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                        #12
                        That's what I am afraid of... that's why I want to make sure that my reply is to the point, I was going to remention the end date of the tenancy when I pick up the keys to see what they reply.

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                          #13
                          Originally posted by ferrari-airwolf View Post
                          That's what I am afraid of... that's why I want to make sure that my reply is to the point, I was going to remention the end date of the tenancy when I pick up the keys to see what they reply.
                          Not quite sure what you mean by this.
                          A s21 doesn’t mean the tenant has to leave you know...

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                            #14
                            I know that but if she stop paying rent and I have to go through the courts to get a repossession order, it'll cost me a lot in the long term.

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                              #15
                              Originally posted by ferrari-airwolf View Post
                              I know that but if she stop paying rent and I have to go through the courts to get a repossession order, it'll cost me a lot in the long term.
                              You may have to go through court anyway to enforce the s21 if they decide to stay.
                              The s21 doesn’t mean they have to leave when you want them to; it’s only enforced by a court order (if it’s valid).

                              If they’re having money issues then they may have been advised to stay put and drag this out so they don’t make themselves voluntarily homeless.

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