No proof of rent arrears

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    No proof of rent arrears

    Hi there,

    This is my first post on this forum. I hope someone can help me. I have a tenant who has fallen into rent arrears of over 4 months and the only rent book was the one he had which I used to sign when he paid the rent. He has said he has lost the rent book and as he paid by cash I have no proof that he is in arrears apart from my say so. I'd like to serve section 8 on him but fear when it goes to court as I have no proof, it's the tenants word against mine. How should I proceed. Can I write him a letter detailing how much he owes and send that to him and use the statement as evidence of rent arrears in court. Will this stand in place of not having a tenant signed rental account. Any help would be greatly appreciated.

    #2
    You don't need to prove arrears. Sue for the arrears with the tenancy agreement as proof of the rent due. He then has to provide proof he has paid
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

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      #3
      Oh excellent, thank you for clarifying that. So as long as I make a rent schedule showing the rent owed, without the tenants signature, this should suffice as proof to go in with my claim via the PCOL system.

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        #4
        What frequency is the rent paid? Weekly or monthly?
        I offer my advice freely, but I am not an expert, solicitor or judge. It is simply my experience of being a landlord and what I have learnt along the way. I make no warranty for my opinion.

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          #5
          Originally posted by Dinkum View Post
          What frequency is the rent paid? Weekly or monthly?
          I see where you are going, but it is irrelevant.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

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            #6
            Rent is paid monthly. What difference does weekly or monthly payment schedules make out of interest.

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              #7
              Originally posted by mrlha View Post
              Rent is paid monthly. What difference does weekly or monthly payment schedules make out of interest.
              Just that with a weekly tenancy you are required by law to provide a rent book, but only if it's a weekly payment.

              I should add that you only have to provide the rent book, there's nothing about filling it in every week, daft innit?
              I offer no guarantee that anything I say is correct. wysiwyg

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