Landlord claiming unpaid rent (only 21 days overdue)

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  • Landlord claiming unpaid rent (only 21 days overdue)

    LL has sent us a letter saying he is taking us to court for unpaid rent.

    Rent is currently 21 days behind.

    AST states that it can be 8 weeks behind.

    What is he playing at?

  • #2
    L can sue for debt (unpaid rent). That is so irrespective of Housing Act 1988.
    AST does NOT "state that it can be 8 weeks behind"! You probably mean that L can serve a s.8 Notice once the rent is eight weeks' unpaid (or, if monthly rent, two months' unpaid) which is not the same thing at all.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
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    • #3
      Originally posted by TerryCarter View Post
      LL has sent us a letter saying he is taking us to court for unpaid rent.

      Rent is currently 21 days behind.

      AST states that it can be 8 weeks behind.

      What is he playing at?
      21 days late sounds maybe a bit early to be issuing court proceedings, but not impossible; but if his own AST agreement states you can be 8 weeks behind then clearly he can't go ahead. But are you really sure that's what it states? Sounds incredibly unlikely to me! Are you sure it doesn't say that 8 weeks is when he will institage repossession proceedings - which is a different issue altogether?

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      • #4
        Possibly,

        I havn't got it to hand.

        He's just trying to stir things up because I've instigated proceedings against him for not protected my deposit.

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        • #5
          Originally posted by TerryCarter View Post
          Possibly,

          I havn't got it to hand.

          He's just trying to stir things up because I've instigated proceedings against him for not protected my deposit.
          So the matter will go away then, once the rent has been paid ( if that is from the deposit or direct from you )

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          • #6
            The two things are separate.

            If I was you I would be trying to sort things between you rather than both taking each other to court. It's expensive and time consuming.

            I doubt you allowed to pay your rent eight weeks late as no one would ever put that into an AST and just because your landlord hasn't protected your deposit it doesn't give you a right to not pay on time.

            The deposit issue is separate and depending on your contract, it is likely that it should be protected so you are entitled to take him to court. Did you ask him to protect your deposit out of interest?

            Kind regards,

            John

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            • #7
              At the start of our tenancy he told us in no uncertain terms that he had to by law protect our deposit in a scheme.

              Then he didn't.

              Which is what I find strange.

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              • #8
                I agree that it is likely that he should have protected your deposit but I'm just saying that this doesn't link to not paying rent on time.

                I was also curious if you asked him to protect your deposit?

                Kimd regards,

                John

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                • #9
                  one of the deposit schemes had software problems last year and were not able to notify the tenants when the LL lodged the deposit - have you contacted all three schemes to find out if he has lodged it but not informed you ?

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