Tenant pays 80% rent for months but posts her pics in the restaurant

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    Tenant pays 80% rent for months but posts her pics in the restaurant

    Hi, forum. A bit of a backstory.

    We have a tenant who moved in only on condition that she pays 50% of deposit. We accepted. Later we found out that she hasn't paid her council tax for 6 months (we had registered her with City Council, so it was a good try).

    From January she says she has been on furlough and asked every month if she can pay 80% of the rent. We accepted, even without condition to repay later.
    We chatted to her recently and she said that things are getting really busy at work. However, she still paid 80% rent last month, this time even without asking permission. When we confronted her about it, she got all defensive.

    Now, we try to be always on good terms with our tenants and usually add them on Facebook to keep communication fast and easy. She has just posted her photo in an upmarket restaurant with a glass of wine. Am I right that tenants who struggle to pay the rent, cannot afford to go to the restaurants?

    Now the question. We took a screenshot of her outing which shows the date, too. We even gave her a tongue-in-cheek "like". Is it legal to screenshot her public photos? Also, would it be legal to use them in court as part of the evidence or are we breaking some privacy law? Hope that it won't come to that but just am thinking in advance.

    Thank you for your advice and any helpful comments.

    #2
    Forget where or how she's spending her money. (She could be being entertained by a client..).

    HOW did you agree 80% (eg in writing/email, what was wording)??

    I'd simply serve s8, g10 at least, she might take the hint.

    If any tenant of mine wasn't paying council tax I'd want to evict them ASAP for not being a decent citizen. .
    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


      #3
      What a T does in their personal life is their business. If you agreed to an 80% of the rent with no condition to repay the rest later, then that is what you agreed.

      A photo does not indicate much, only that the T was having a meal with a drink, you don't know if someone else paid, this is irrelevant, don't agree to a reduction if your not happy with it. You could re-negotiate that the rent be returned back to the level again (what you do about the short fall from the previous months is very little if you said that they don't need to repay it), if they are not happy with the increase, either think whether or not you can easily rent the property out again or serve notice on the T.

      Comment


        #4
        That I spend my rental profits ££££ on the lottery, horse racing, drink, drugs & rock 'n roll makes no difference to tenants they still owe me rent.
        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


          #5
          Originally posted by theartfullodger View Post
          That I spend my rental profits ££££ on the lottery, horse racing, drink, drugs & rock 'n roll makes no difference to tenants they still owe me rent.
          What do you mean? Did you reply to somebody's comment?

          Comment


            #6
            Originally posted by ash72 View Post
            What a T does in their personal life is their business. If you agreed to an 80% of the rent with no condition to repay the rest later, then that is what you agreed.

            A photo does not indicate much, only that the T was having a meal with a drink, you don't know if someone else paid, this is irrelevant, don't agree to a reduction if your not happy with it. You could re-negotiate that the rent be returned back to the level again (what you do about the short fall from the previous months is very little if you said that they don't need to repay it), if they are not happy with the increase, either think whether or not you can easily rent the property out again or serve notice on the T.
            We didn't say either way.

            Comment


              #7
              Can I serve T with S21?

              Comment


                #8
                Originally posted by randal_bond View Post

                We didn't say either way.
                The agreement was that T agrees each month about the rent, while she's on furlough. However, last time she just paid reduced rent without asking if if was still ok.

                Comment


                  #9
                  As said in a few posts, what they spend their money on is a red herring, have an upfront and honest conversation with her and tell her how you expect her to communicate with you in the future if the rent needs to be reduced, make it perfectly clear that the rent agreed is what needs to be paid, the furlough scheme ends very soon so this will come to a head in the very near future. I have never added any of my tenants on any social media sites, i keep a distance from them and deal with them as a supplier of goods etc. Keep this very simple, and if they default then you take the necessary actions.

                  Comment


                    #10
                    You can serve the tenant with a s21 notice if you wish, but it looks a bit like over-compensation for your failure to negotiate a proper repayment plan or time-limited rent reduction. If I were you, I would serve a s13 notice increasing the rent back to its full amount and see if she pays it. If you think she won't pay, you could serve a s21 notice at the same time, but perhaps let her know that at this stage its precautionary.

                    Comment

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