Tenant fails to pay rent in coronavirus situation

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    Tenant fails to pay rent in coronavirus situation

    We issued a s21 Notice in early March for possession at the end of tenancy on 31.5.20. The tenant, who I know is well off and under no circumstances facing financial hardship as a result of coronavirus, is playing ‘hardball’ over staying in the property after 31.5.20 without paying any rent unless we agree to a savage rent cut for a new 12 months AST. He has said that he is not interested in a Statutory Periodic Tenancy or a shorter term AST. He appears to be relying on our reluctance to take court proceedings for eviction and recovery of unpaid rent to bully us into acceptance. In the circumstances, we have offered (a) a 12 months AST with a reasonable rent reduction (even though the tenant has enjoyed the same rent for the last 5 years) or alternatively (b) an SPT at the existing monthly rate. In the event that we are not prepared to be bullied into his savage reduction (and hence do not agree another AST) and he still threatens to remain in our property without paying any rent after 31.5.20, what action do members feel we should take? Clearly, we cannot start eviction proceedings whilst the coronavirus situation continues and have always been very wary about going down this route anyway.
    What extra measures do members consider that we should take as we approach 31.5.20 and, if the tenant remains in our property after this date and pays no rent, what should be our initial actions to resolve the situation?

    #2
    Neither of you can prevent a periodic tenancy arising when the fixed term ends.
    Unless the tenancy agreement says otherwise, it continues on the same rent as before and, again, the tenant can't do anything about that.

    I would make it clear that it would be your intention to make every effort to collect any money that the tenant owes you, including a registered ccj or bankruptcy. You will not accept non-payment of rent during the ongoing tenancy.

    If the tenancy ends and the tenant stays in situ, use a section 13 notice and increase the rent to the market level.

    If you are not confident in the process of eviction, use a specialist service (some of whom advertise on this site).
    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


      #3
      As JP says. And remind the tenant that behaviour during the period of lockdown is going to likely determine their status as a desirable future tenant of any property in a rapidly contracting market. Under no circumstances sign a new fixed term AST with this person -- and you have to question your own judgement as to why you let a person with these inclinations anywhere near your property in the first place.

      Comment


        #4
        As said above, do not enter any new agreement with this bully, if you give in now they have the upper hand and it can only get worse, do what you need to do to get them out asap, no tenant would be dictating to me how much rent i can charge, when all the is over there will be less places for these chancers to rent.

        Comment


          #5
          Put it in the hands of a solicitor. Your tenant may feel like he can bully you, but he won't be able to bully your solicitor.

          Comment


            #6
            You are going to have to 'grow a pair'. I would tell him that my policy is always to take legal action to recover unpaid rent and that I would pursue him till the ends of the earth for as long as it takes to make sure he pays.

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              #7
              DPT57 - I find your post offensive. For your information, I have only just now received agreement from the tenant to my reasonable proposal. Have a good Easter.

              Comment


                #8
                Originally posted by M Clavell View Post
                DPT57 - I find your post offensive. For your information, I have only just now received agreement from the tenant to my reasonable proposal. Have a good Easter.
                I can't see that it is offensive in any way. Perhaps you can explain?

                Your agreement to sign a fixed 12 month AST with this tenant does not seem very sensible to me - sorry to offend.

                Comment


                  #9
                  Because I was in breach of rules I stopped posting but have continued to read. because of some excellent contributors and I like to learn.
                  I am breaking self imposed exclusion to say to OP I can see what's offensive. I wouldn't waste time explaining to Andrew. He is a valued contributor but sets his own code of behaviour.

                  Comment


                    #10
                    Originally posted by Belucky22 View Post
                    Because I was in breach of rules I stopped posting but have continued to read. because of some excellent contributors and I like to learn.
                    I am breaking self imposed exclusion to say to OP I can see what's offensive. I wouldn't waste time explaining to Andrew. He is a valued contributor but sets his own code of behaviour.
                    Eh? Talk about gobbledegook. You agree with M Clavell (who is probably yourself) that DPT57 is offensive, but neither of you wants to explain why because it is a waste of time, and because people set their own code of behaviour (whatever that means). Spare me.

                    Comment


                      #11
                      Delighted to spare you but feel I must explain on this occasion. If you don't understand that making a gratuitously derogatory comment, telling someone they are deficient in masculinity, is offensive there is no point in trying to explain.
                      fortunately I rarely come across anyone as discourteous as you are on occasionss. Hence what I describe as your own code of behaviour. I acknowledged my 2 user names being wrong although never used for any devious purpose.
                      I hope everyone is keeping safe.

                      Comment


                        #12
                        Just re-read the rules. Multiple aliases are a breach of the rules of used for malicious purposes. So I wasn't in breach. Moderators please advise. I will be whichever of the two aliases appears when I log on.

                        Nothing to add so best wishes to everyone and let's promote pleasantness in the forum.

                        Comment


                          #13
                          So the same person, scot22 logs in under at least four different aliases, agrees with his own posts, attacks various people for being supposedly immoral and unpleasant - based on his own extremely high standards of morality, and then talks about "promoting pleasantness" and so on. Moderator, please ban this person and all his/her aliases - does no good at all for sensible intelligible forum interchange.

                          Comment


                            #14
                            At least scot22 Belucky22 M Clavell all seem to be the same person, but at least 5 more use suspiciously similar language and grammatical errors/syntax.

                            The current thread and this one below provide nice examples of how the chatting to oneself system works:
                            https://forums.landlordzone.co.uk/fo...et-a-cat/page3

                            Comment


                              #15
                              I am not M Clavell. I wrongly got two and if corrected by mods would prefer just one. See no value in talking to myself.

                              Comment

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