Common law tenancy - rent not paid

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  • Common law tenancy - rent not paid

    Our tenant is saying he is leaving after 6 months of a two year tenancy and has defaulted on his rent.
    He is trying to say we have breached the tenancy agreement by inventing 'problems' with the property.
    Our agent has told him he must pay the rent until we find another tenant, as we are willing to let him leave, but I doubt he will pay.
    Is there any realistic way of getting the payment from him?

  • #2
    First, are you sure that it's a common-law contractual tenancy? Is that because the rate of rent exceeds £25 000 per year (or, if not, why?)
    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.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Yes, the rent exceeds £25,000 a year. Thanks

      Comment


      • #4
        OK- so you can enforce the Agreement more or less literally (subject to Protection from Eviction Act 1977). Sue T, if he has assets or earnings.
        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.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

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        • #5
          Tenant is a 'non dom' - will that make things more difficult?

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          • #6
            Originally posted by Thyrsis View Post
            Tenant is a 'non dom' - will that make things more difficult?
            No, if T is in England&Wales; yes, if he/she's not.
            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.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              I have also discovered from 'googling' that T was made bankrupt 15 years ago!

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              • #8
                Originally posted by Thyrsis View Post
                I have also discovered from 'googling' that T was made bankrupt 15 years ago!
                Is that a problem now? If it is, why did you let to T six months ago?
                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.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                • #9
                  Originally posted by jeffrey View Post
                  Is that a problem now? If it is, why did you let to T six months ago?
                  I don't know if it's a problem now, just that he might not be financially secure.
                  I didn't know this when we let to him. We let through an agency, the tenant couldn't prove his UK earnings but offered to pay rent 6 monthly upfront.They advised us this would be fine.

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                  • #10
                    Originally posted by Thyrsis View Post
                    I don't know if it's a problem now, just that he might not be financially secure.
                    I didn't know this when we let to him. We let through an agency, the tenant couldn't prove his UK earnings but offered to pay rent 6 monthly upfront.They advised us this would be fine.
                    So I guess that it's not a problem at present. Why worry about it, then?
                    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.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                    • #11
                      Okay, I won't worry about that.....what I am worried about is how to get the £12,000 owed to me!!

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                      • #12
                        Tell your common law tenant that you will accept their surrender on payment of £x thousand.

                        Have you made any attempt to resolve the situation and keep the tenant happy?

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                        • #13
                          Our agent has told him he must pay but he has refused.
                          We have bent over backwards to be accommodating towards the tenant but it seems he has manipulated the situation to look like we have failed in our duties so he can try to get out of the contract.

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                          • #14
                            Then remind him that he must pay the rent according to the contract or you will take legal action and claim all monies due and costs and expenses incurred.

                            When was the last rent payment due? Is there a clause dealing with late/non-payment of rent?

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                            • #15
                              Originally posted by Poppy View Post
                              When was the last rent payment due? Is there a clause dealing with late/non-payment of rent?
                              6 month's rent was due end of January. He paid 1 month's rent a day later.

                              Comment

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