Last rent payment overdue from T, how best to handle?

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    Last rent payment overdue from T, how best to handle?

    Tenancy in E&W.

    One of my tenants is leaving mid August. She asked how much she owes for 1st Aug to 17th Aug. I let her know back on the 20th July for payment to clear before or on the 1st of Aug.

    I emailed her on 2nd Aug as rent had not been received. Not hearing back I emailed her again on the 4th, reminding her that rent was overdue and to sort payment, and if there was a problem to let me know.

    She finally replied y'day saying she had been away for the last couple of days and asked for breakdown. I replied with calculation breakdown, ie. monthly rent x 12 months, divided by 365 days x 17 days

    She then replied: Ok will transfer the money next week

    So she's stalling or for some reason doesn't want to pay it. And perhaps wants the last rent to be taken out of her deposit, which her AST states cannot be used to pay rent.

    How should I respond to her? Given that she is holding viewings for her room, I still want to be diplomatic.

    Any advice appreciated.

    #2
    Is she leaving at the end of her fixed term?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Yes. Her last official date is 18th Aug 2013 (Commencement was 19th Aug 2012). But agreed to 17th Aug as check out date.

      Comment


        #4
        So you pro-rata'd the first payment as well.
        In reality, there is little you can do. I advise that if you take a deposit, to take one in excess of a single payment of rent.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Have you or tenant given notice? Just because fixed term ends doesn't mean she must leave.

          You live in another building?

          Why rent date different from tenancy start date?
          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


            #6
            Originally posted by thesaint View Post
            So you pro-rata'd the first payment as well.
            In reality, there is little you can do. I advise that if you take a deposit, to take one in excess of a single payment of rent.
            Yes, I took a prorate payment to make up from 19th Aug to 31st Aug 2012, from there all rent payments were from the 1st of each month. I have 6 weeks deposit from T

            Originally posted by theartfullodger View Post
            Have you or tenant given notice? Just because fixed term ends doesn't mean she must leave.

            You live in another building?

            Why rent date different from tenancy start date?
            T gave notice two months ago. See above re diff rent and start date. was sorted through prorata payment

            Any advice how to tell her to pay up and respect contract?

            Comment


              #7
              In your shoes I'd want to make sure she departs 17th August (at all... ie doesn;t stay & cause more problems..) & without further unnecessary arguement before she goes. She knows fine well she owes you £££. Then I'd start polite calm letter/email requesting payment. If that fails deposit scheme, if that fails court.

              It's all part of the fun (& possible bad debts) of being a landlord.
              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


                #8
                Originally posted by be kind View Post
                So she's stalling or for some reason doesn't want to pay it. And perhaps wants the last rent to be taken out of her deposit, which her AST states cannot be used to pay rent.
                You shot yourself in the foot with that clause.
                IMHO you want to be able to use the deposit for any breach without limitations or exclusions, which can only benefit the tenant.

                Comment


                  #9
                  Originally posted by jjlandlord View Post
                  You shot yourself in the foot with that clause.
                  IMHO you want to be able to use the deposit for any breach without limitations or exclusions, which can only benefit the tenant.
                  Ok exact clauses in AST:

                  2.3 Not to off set against the rent the Deposit referred to herein.

                  4.7 The deposit must remain untouched for this purpose and cannot be used as payment of your last month’s rent. Upon presentation of your paid final telephone, electric, gas and council tax bills (and water rates bill where applicable) and finding the property in an acceptable and suitable condition, we will forward your deposit to you less any deductions are agreed.

                  Comment


                    #10
                    Originally posted by theartfullodger View Post
                    In your shoes I'd want to make sure she departs 17th August (at all... ie doesn;t stay & cause more problems..) & without further unnecessary arguement before she goes. She knows fine well she owes you £££. Then I'd start polite calm letter/email requesting payment.

                    ok, polite calm email in the works..

                    Comment


                      #11
                      Originally posted by be kind View Post
                      ok, polite calm email in the works..
                      Nope, sorry I wasn't clear: I meant email/letter AFTER she goes. (If she stays you've much MUCH bigger problems....). After to avoid inflaming feelings: Just my view, just my approach, others will take for direct styles...
                      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


                        #12
                        Originally posted by be kind View Post
                        Ok exact clauses in AST:

                        2.3 Not to off set against the rent the Deposit referred to herein.

                        4.7 The deposit must remain untouched for this purpose and cannot be used as payment of your last month’s rent. Upon presentation of your paid final telephone, electric, gas and council tax bills (and water rates bill where applicable) and finding the property in an acceptable and suitable condition, we will forward your deposit to you less any deductions are agreed.
                        I don't see the point. Not to mention that 4.7 may be unfair and enunforceable (e.g. bills are not LL's business)

                        Comment


                          #13
                          Originally posted by theartfullodger View Post
                          Nope, sorry I wasn't clear: I meant email/letter AFTER she goes. (If she stays you've much MUCH bigger problems....). After to avoid inflaming feelings: Just my view, just my approach, others will take for direct styles...
                          So you don't want me to do anything. Until she's gone. Is that right? -- what's the thinking behind this?

                          What's the harm in emailing her politely for rent overdue though, ie. before she leaves?

                          Comment


                            #14
                            Originally posted by jjlandlord View Post
                            I don't see the point. Not to mention that 4.7 may be unfair and enunforceable (e.g. bills are not LL's business)
                            It would be LL's business if T doesn't pay utilities and the utility co's come after the LL if they can't get it from the T. eg, untraceable etc.

                            So what advice do you have?

                            Comment


                              #15
                              Originally posted by be kind View Post
                              It would be LL's business if T doesn't pay utilities and the utility co's come after the LL if they can't get it from the T. eg, untraceable etc.

                              So what advice do you have?
                              You aren't liable for utilities that your tenants have used. They won't go after you just ensure you keep an accurate record of tenants including tenancy documents etc, if the utility company come after you, simply forward them a copy of the documents. Performance of your clause is out of the control of the tenant to some extent.
                              [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                              Comment

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