Tenant in arrears- how best to remedy?

  • Filter
  • Time
  • Show
Clear All
new posts

  • Tenant in arrears- how best to remedy?

    Hi there I want advice on what to do. Sorry this may be quite long

    I entered in to an AST for 6months in December last year, with my brother. I was unemployed at the time and my half or the rent was paid via housing benefit. My brother had only been working for his company for 1 month so he had to get our step-father to be a guarantor. The estate agent gave me the guarantor form for my step-father to fill in but did not give a copy of the tenacity. This form was filled in and I took it back to the letting agent who they signed the witness box. In February that year my daughter died in a car accident so as you can guess life got a little difficult and as far as I know my rent was still paid on time, I few months past and my tenancy was renewed for another 6months. On November 11 I received a notice of repossession for the flat which was dated the 16th October stating that I needed to vacate the property on 17th of December, which I have now vacated. My letting agent told me am behind on my rent but has not given me a full amount that is outstanding. My step father has since received a letter at his work telling them that they are taking him to court over the outstanding amount.

    I normally paid my rent in cash to the letting agents for which they gave me a receipt form a receipt book, though on at least 2 occasions I was given a with compliments slip as a receipt, which I suspect was not recorded as a payment on their accounts.

    Can anyone give me advice on what I should do? I am willing to set up a monthly repayment to clear my outstanding debt to them to avoid any court action.

  • #2
    Basically you need to discuss it with the estate agent as to repayment/amount agreements. If you can come to a mutual agreement, then you should avoid court action. However, if they are resilient to such negotiations, then there is nothing you can do - but resilience by them to this will lead to the judge being less "on their side", they are supposed to show they have tried to resolve the matter out of court first.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.


    • #3
      If the guarantor was not provided with a copy of the AST (and the agent or landlord MUST prove it was) then the guarantor form he signed is worthless to anybody pursuing him for any rent arrears.

      Any action will be thrown out by the court in favour of the guarantor if that is put forward as a defence.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      Latest Activity


      • if we haven't signed the renewal are we still liable?
        Our 6 month short term assured tenancy agreement ended on the 2nd August. We are with a reputable agency. We were invited to renew for a further 6 months back in July and were asked to email our confirmation that we wish to renew in writing. This I did. We were sent the renewal tenancy to sign. We have...
        22-08-2017, 14:00 PM
      • Reply to if we haven't signed the renewal are we still liable?
        I would say your original AST continues as SPT.
        If now a new verbal AST, you may have a new fixed term and you cannot serve NTQ during fixed term (6 months?).
        Talk to LL directly, rather than LA.
        Why did you agree to a new AST, rather than request rolling over to SPT....
        23-08-2017, 00:30 AM
      • 6 year deposit claim
        Hi guys, I know that a tenant can claim a penalty on an unprotected deposit but I just wondered when the 6 year clock starts ticking.
        22-08-2017, 16:43 PM
      • Reply to 6 year deposit claim
        As memory fades over time, can someone provide a 'sticky' for dates when key elements of LL&T Legislation changed? I believe Apr 2012 predates later deposit timescales.
        23-08-2017, 00:08 AM
      • NTQ during fixed term?
        Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
        (A residential let in England.)
        11-08-2017, 14:53 PM
      • Reply to NTQ during fixed term?
        It's worth noting that guidance is under part 4 where tenant obviously is given notice to end of a period and therefore apportionment would not be applicable.

        The reference to the notice to quit ending the tenancy on the notice date does not change the fact that it obviously does however,...
        22-08-2017, 23:24 PM
      • Reply to NTQ during fixed term?
        I think thats exactly what the section I have just quoted confirms.

        And thereafter, if you choose not to accept they are leaving as a result of the section 21 you must insist on a notice to quit or await a court ordering possession (where you will be ordered to apportion anyway)
        22-08-2017, 23:13 PM
      • Reply to NTQ during fixed term?
        A lot of energy has been expended in this debate. It has been suggested a LL has no need to take Court action if T apparently vacates after receiving a s21 but with no Notice. LL cannot safely assume has vacated without Court confirmation, to avoid a T allegation of 'illegal eviction'. Equally I would...
        22-08-2017, 23:00 PM
      • Reply to NTQ during fixed term?
        If someone could copy and paste section 21 (4) a and b (I'm really not technical!), the law seems to recognise that a tenancy CAN end as a result of a section 21 and before a possession hearing.

        21(4)b........the tenancy could be brought to an end by notice to quit given by the landlord...
        22-08-2017, 22:38 PM
      • Reply to 6 year deposit claim
        Assuming that the money originally paid had been used as a deposit for the single tenant tenancy, then 6 years and 30 days from when the 2012 tenancy started. And... if that was a fixed term tenancy, then 6 years and 30 days for any subseqent renwal and likewise from when it went periodic.
        22-08-2017, 22:22 PM