Rent arrears - complicated scenario - what should I do?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Rent arrears - complicated scenario - what should I do?

    Good afternoon all,

    I need some advice. Please tell me what you think I should do.

    I have a tenant who has been a good tenant for the past eight years, always paying rent on time.

    However, in Sept, he stopped paying. I received a message from T's friend saying he had been assaulted outside the property by a neighbour and falsely accused of being a sex offender.
    Apparently, this false allegation has caused the T to go on a very long holiday to Europe as he is afraid to be at the property. Police are investigating the abuse from the neighbour. T's friend has also advised me that the Tenant has severe mental health problems, including Post Traumatic Stress Disorder and this assault has caused him to have a nervous breakdown.

    The tenant has never been late with rent in the past eight years, always paying promptly and on time. I have no complaints about him, he's been the model tenant. He's now one month behind and the rent for Oct is due on Friday. so if he misses that he will be two months behind. What should I do?

    I don't doubt that the situation was very upsetting and is best dealt with by the police. If a neighbour is abusing him/harassing him, this must be very upsetting. However, I'm relying on the rent from the tenant to pay a mortgage, the rent is over £1000 pcm. I want to do what's best for the T but cannot allow the situation to drag on with unpaid rent, however bad his mental health issues and the assault. I'm not being harsh, just trying to be realistic and fair to all.

    Anyone else been in this situation and got any practical advice, please?

    If I were to start possession proceedings, I guess that he could use this assault to explain why he hasn't been living there and has fell into rent arrears. The T says he will be back at the property soon and will pay this month's rent but is having trouble with the arrears. If the worse comes to the worse and I have to start possession proceedings, how long would the whole process take?

    Thanks for any advice.

    #2
    I would suggest a repayment plan for the tenant. Is the T employed? Has he now lost his employment?

    Possession can take months and months.

    Comment


      #3
      That you are relying on this for ££ is frankly unwise: Any landlord should always be able to cope with - say - not rent for 7 months plus legal costs etc etc..

      Dunno what to recommend: Assuming allegation is false we don't want the rat who made the accusation thinking he's won. Tricky...
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        The situation isn't at complicated.
        You're getting hung up on the tenant's problems and drama and not focussing on the bits that matter.The bits that matter are
        Originally posted by GivemylovetoJudy View Post
        I have a tenant who has been a good tenant for the past eight years, always paying rent on time.

        However, in Sept, he stopped paying.

        He's now one month behind and the rent for Oct is due on Friday. so if he misses that he will be two months behind. What should I do?

        The T says he will be back at the property soon and will pay this month's rent but is having trouble with the arrears.
        Either agree a repayment schedule for the arrears or serve notice and repossess the property.
        Other than writing off the debt (or using any deposit taken) that's pretty much all of your options.

        The process will be relatively quick if the owes two months rent when you serve the right notice and still owes it when you go to court, otherwise it could be months (the court system is falling apart).

        If I were to start possession proceedings, I guess that he could use this assault to explain why he hasn't been living there and has fell into rent arrears.
        The court might be interested, but there's not much they could do to stop the repossession attempt.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment

        Latest Activity

        Collapse

        • Reply to Is time more important than money?
          by Lawcruncher
          I am not suggesting it is the landlord's fault. I am just saying that, in some cases, if a tenant feels secure he is more likely to take care of a place....
          27-01-2022, 23:02 PM
        • Is time more important than money?
          by jpucng62
          Just had tenants move out of a property after 2 years. Always paid on time, perfectly pleasant young family who have now bought their own home BUT:

          House was grimy - looks like they didn't clean properly in 2 years rather than anything overtly unpleasant
          Garden was left in a mess...
          27-01-2022, 17:20 PM
        • Reply to Tenant not paying and letting agent mismanaged
          by MdeB
          That is because you have to do things properly for S21 to be valid.

          Do everything properly and the S21 is valid.
          Get one thing wrong and it is invalid. There are many things to get right....
          27-01-2022, 22:54 PM
        • Tenant not paying and letting agent mismanaged
          by Beeble
          We rented a flat out with the local branch of a national estate agent. They were charging a very low fee (that should’ve had my alarm bells ringing) and had a tenant immediately available. This was Dec2020/Jan2021 and the tenancy paperwork they sent to me was minimal.

          Tenant moved in...
          25-01-2022, 15:37 PM
        • Reply to Deducting Cleaning Costs from Deposit
          by Lawcruncher
          The requirement comes from the tenancy terms. There are various reasons why a contract term may be void or unenforceable. They include: illegal; impossible; contrary to public policy; statute forbids them to be imposed; unfair. A requirement to keep a dwelling clean and leave it it clean is none of...
          27-01-2022, 22:20 PM
        • Deducting Cleaning Costs from Deposit
          by Piffy
          I use a Letting Agent. Recently the tenants vacated, prior to the tenants leaving when the letting agent did an inspection they advised the tenants that the property would need cleaning before they vacated. The tenants have now left, the place does need a good clean, the Letting Agents have said that...
          27-01-2022, 11:30 AM
        • Reply to Inherited a few rentals
          by AndrewDod
          Almost everything is telling you to sell them - far away, no experience, higher rate taxpayer, current environment
          27-01-2022, 22:04 PM
        • Inherited a few rentals
          by Landlord7289
          Hoping for some advice on this situation from people who may have been through similar...

          I am inheriting 4 rental properties from my late father. Are there any tips or ideas people would share about this situation?

          My situation is I am early 30s in full time employment, live...
          25-01-2022, 15:02 PM
        • Reply to Deducting Cleaning Costs from Deposit
          by DoricPixie
          Lawcruncher,

          Why does a tenant need to leave the property in a reasonable state of cleanliness if the property wasn't in a reasonable state of cleanliness at the start of the tenancy? Where does the requirement come from? The deposit protection schemes don't appear to take that approach...
          27-01-2022, 21:11 PM
        • Reply to Tenant has moved partner in.
          by Hudson01
          Totally agree, the classic - still the best. They sound like a nightmare and i would be looking to get rid as soon as i could whilst we still have S21, removing kitchen cupboards !!! In a 2 bed flat...... why the hell would you remove part of a fitted kitchen, what are you going to do with the space....
          27-01-2022, 20:41 PM
        Working...
        X