Late rent

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    Late rent

    I have a tenant on an AST who has missed earlier payment of 4 weeks rent but paid rent for current 4 weeks. Claiming bank error but a holiday was taken around the same time as rent was due! Am trying the nice approach but being ignored by letter (Late Rent Notice) and phone. What is next approach - what should 2nd letter say? Understand at least part if not all of rent is paid by Housing Benefit.

    #2
    Really, you need to consider if you are willing to let this tenancy continue.

    The 'breach' isn't really sufficient for eviction under section 8, but you could certainly serve a section 21 notice.

    Are you in England/Wales?
    When did the last tenancy agreement begin?
    How long was it for?
    Was a deposit paid?
    Did you obtain a guarantor?
    Have you protected any deposit?

    If you can answer these questions, we can give you more info.

    Comment


      #3
      Agree with Snorkerz... Stiff letter with advice that you will take further action if it happens again and if there are ever arrears may sort things: (Did for me with one lot who were irritatingly late a few days to a week for about 6 months: They've been OK for 5 solid months now. Off to see them this afternoon, ain't been there for a year,... - arrrggggggggggggghhhhhhhhhhh - ho hum, we'll see !)

      Cheers!

      Lodger
      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


        #4
        Originally posted by rosemary View Post
        I have a tenant on an AST who has missed earlier payment of 4 weeks rent but paid rent for current 4 weeks.
        I also concur; but incidentally, you should just clarify the situation in your own mind and the tenants': forget about 'missing' an earlier payment - what's happened essentially is the earlier payment has been made 4 weeks late and the tenant is now 4 weeks in arrears. That's how you should be wording your letters, and how your court paperwork will read in due course, if and when it gets that far.

        Comment


          #5
          Tenancy started Jan 2010 for a year with deposit which is protected. Will check with (find/reference only) letting agent if there is guarantor.
          Thanks for help. This is first for us we have been very lucky so far I now know!


          Originally posted by Snorkerz View Post
          Really, you need to consider if you are willing to let this tenancy continue.

          The 'breach' isn't really sufficient for eviction under section 8, but you could certainly serve a section 21 notice.

          Are you in England/Wales?
          When did the last tenancy agreement begin?
          How long was it for?
          Was a deposit paid?
          Did you obtain a guarantor?
          Have you protected any deposit?

          If you can answer these questions, we can give you more info.

          Comment


            #6
            Sorry yes we are in England

            Comment


              #7
              Originally posted by rosemary View Post
              Tenancy started Jan 2010 for a year with deposit which is protected. Will check with (find/reference only) letting agent if there is guarantor.
              Thanks for help. This is first for us we have been very lucky so far I now know!
              At this stage then, your only realistic option is to issue a section 21(1)(b) notice informing the tenant that you require the property back after the end of the fixed term. This requires 2 months notice, but there is nothing preventing you giving notice early. If the tenant doesn't go at the end of the fixed term, and you still want them out, you will have to get a court possession order.

              Comment


                #8
                Thank you very much for your help.

                Comment

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