Tenant gives notice while in rent arrears!

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  • Tenant gives notice while in rent arrears!

    Tenant is on housing benefits. Tenant is in rent rent arrears (more than 2 months), thus rent is paid directly to LL by the council.

    Now, tenant has given "leaving" notice to our agents dated 24/03/10 that he will be leaving on 20/3/10.

    Please advise.. can he move out leaving arrears? What action should I take, with such a short time (he has not even given 1 full month's notice). Telephoned the council and they do not know about his notice to leave. By the way, he is retired and has no earned income, all his children are relaxing full time at home, thus unemployed.
    Thanks. K.

  • #2
    Originally posted by kiran View Post
    Now, tenant has given "leaving" notice to our agents dated 24/03/10 that he will be leaving on 20/3/10.

    .
    Please check these dates - they don't seem to make sense.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      Originally posted by kiran View Post
      can he move out leaving arrears?
      Yes, he can. You can pursue him for the debt via the county court but as the tenant is on benefits he is unlikely to be able to pay you except in tiny installments. (I don't suppose you got a guarantor for the rent?)

      (he has not even given 1 full month's notice).
      If the tenancy is a periodic AST then he must give you at least one month's notice, to expire at the end of the rental period. If the tenancy is still within the fixed term, T is liable for rent for the whole of the fixed term, and cannot give notice to end it earlier.

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      • #4
        my error... notice dated 24/03/10 leaving on 20/04/10

        Sorry, the notice is dated 24 March 10 and leaving date is stated as 20th of April 2010.

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        • #5
          Thanks for your prompt reply W.

          You are right, too slim chance to recover arrears. Also, can't see much point in disputing for 4 days short notice..

          Thus, a tenant can build up any amount of arrears of rent and can leave when ever it suits him and make a fresh start, only to build up again fresh 8 weeks rent arrears with another poor landlord! Council should have some fair policy in place to stop him abusing "8 weeks" arrear rule. K.

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          • #6
            I should think that if the LL is already getting the rent paid directly then the final cheque would be for the full month, unless the LL allows the early surrender. He can't stop the tenant leaving but he does not have to agree to the short notice period.

            Please correct me if that's wrong.
            I offer no guarantee that anything I say is correct. wysiwyg

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            • #7
              Originally posted by kiran View Post
              Council should have some fair policy in place to stop him abusing "8 weeks" arrear rule. K.
              See this link
              http://landlordlaw.blogspot.com/2009...rs-can-be.html

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              • #8
                Originally posted by jta View Post
                I should think that if the LL is already getting the rent paid directly then the final cheque would be for the full month
                I believe that the local authority will only pay the rent for the time that the tenant is in occupation and so will chase the LL for any overppayment and the LL will have to take the tenant to court for any fulfillment of the contract, as the contract is between the LL and the tenant and not between the LL and the local authority

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