Rent payment arrangements-purchased subj. to tenant

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    Rent payment arrangements-purchased subj. to tenant

    Hi,

    I bought a property three years ago with a sitting tenant, the orignal tenacy agreement (1985) stated that the owner would collect the rent monthly from the property, I could understand why because the owner was working in another property next door. However, the rent has been posted the owner's adddress years before I bought the property.

    When I bought the property 3 years ago the tenant wrote me a letter and stated that he would send me rent through the post monthly as he has been doing this with the previous owner. However, he has threatened me recently that I may have to come to the property to collect the rent instead. I suggested to do direct debit but he refused.

    Is there any chance I can still enforce him to send me by post or do direct debit instead of me coming to the property to collect the rent as specified from the original agreement? I know that he is trying to cause me problem.

    Thanks in advance for your help.

    Martin

    #2
    Originally posted by martin_n View Post
    Hi,

    I bought a property three years ago with a sitting tenant, the orignal tenacy agreement (1985) stated that the owner would collect the rent monthly from the property, I could understand why because the owner was working in another property next door. However, the rent has been posted the owner's adddress years before I bought the property.

    When I bought the property 3 years ago the tenant wrote me a letter and stated that he would send me rent through the post monthly as he has been doing this with the previous owner. However, he has threatened me recently that I may have to come to the property to collect the rent instead. I suggested to do direct debit but he refused.

    Is there any chance I can still enforce him to send me by post or do direct debit instead of me coming to the property to collect the rent as specified from the original agreement? I know that he is trying to cause me problem.

    Thanks in advance for your help.

    Martin
    Martin,

    What has caused him to change his attitude? Why would he suddenly want to be a problem?
    Now signature free.

    Comment


      #3
      Offer him a paying in book to your bank account or set one up for the purpose of.

      Comment


        #4
        Originally posted by martin_n View Post
        I suggested to do direct debit but he refused.
        You haven't said why he refused... this is possibly semantics and probably irrelevant, but you and he should be aware that a direct debit and a standing order are fundamentally different.
        • A direct debit permits the payee to vary the amounts and dates of the payments pretty much at will;

        • A standing order is totally under the control of the payer; he/she decides the fixed amount that will be paid out, and when this will happen.

        What you need to set up with your tenant is a standing order, not a direct debit. Maybe if you educate your tenant about this, so he understands you can't stiff him and it actually makes life easier for him, he'll play ball?

        Comment


          #5
          I assumed he refused because I offered to pay direct into the bank but he did not make any comment about the suggestion.

          I do not want to go into details why he changed his attitutde because I was warned by my solicitor to stay away from this tenant as had been causing all sort of poblems for the previous owner but for some personal reasons I wanted to buy it. I have done most of his demands which he did not get much from the previous owner and I think he has run out of idea.

          I think I am looking for some advice on the legal side considering that he has been doing this for more than 10 years and he was the one who wrote to me first and told me that he would pay by post when I took over the property.

          Thanks.

          Comment


            #6
            So far as he law is concerned, it is the tenants duty to get the money to you - not for you to have to collect it.

            Easiest way is for the tenant to post you a cheque each month, second easiest is for you to give him a paying in book for your bank (with some banks, he could pay this through the post office using the paying in book as the PO have an arrangement with certain banks).

            Comment


              #7
              I agree with DJB. It's the tenant's obligation to pay you the rent. You have offered different options. If he refuses to play ball and pay, you take him to court and get an eviction.

              Comment


                #8
                Originally posted by Ericthelobster View Post
                • A direct debit permits the payee to vary the amounts and dates of the payments pretty much at will;
                Even this needs more expansion: A Direct Debit means the payer gives permission for a payee to extract any amount of money and at any time and date from the payers account (albeit that they undertake and are supposed to tell you of any change beforehand!)

                Giving permission is a very powerful thing. I always ask myself "do I trust this company enough to give them my permission?". Often, having experienced their customer service, I find that there is little trust there.
                On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

                Comment


                  #9
                  Originally posted by RichieP View Post
                  I agree with DJB. It's the tenant's obligation to pay you the rent. You have offered different options. If he refuses to play ball and pay, you take him to court and get an eviction.
                  The tenant is a Rent Act tenant though because his tenancy started in 1985 so it would be near impossible to evict him?

                  Comment


                    #10
                    Originally posted by settloe_99 View Post
                    The tenant is a Rent Act tenant though because his tenancy started in 1985 so it would be near impossible to evict him?
                    Not impossible- but very difficult compared to Housing Act 1988 tenancies.
                    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
                      You can evict a Rent Act tenant due to rent arrears though the first result will almost always be a suspended possession order which the judge may or may not order to be referred back to him before allowing it to become a possession order proper. Rent Act tenants have no more protection than any other against accumulating rent arrears but are often dealt with more sympathetically by the courts and given chances to resolve the arrears.

                      Comment


                        #12
                        Originally posted by davidjohnbutton View Post
                        You can evict a Rent Act tenant due to rent arrears though the first result will almost always be a suspended possession order which the judge may or may not order to be referred back to him before allowing it to become a possession order proper. Rent Act tenants have no more protection than any other against accumulating rent arrears but are often dealt with more sympathetically by the courts and given chances to resolve the arrears.
                        I did say "near" impossible not completely impossible.

                        Comment


                          #13
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                            #14
                            I have been away in the last few days. Thanks for all your comments.

                            From the comments I assume that the tenant cannot force me to collect the rent from the property even it was written in the original tenancy agreement (was 20 years ago) that the rent would be collected at the place.

                            Thanks.

                            Comment

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