Rent arrears - complicated scenario - what should I do?

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    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

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