unpaid rent query

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    unpaid rent query

    Hello there, I have a question regarding rent arrears.

    I live in a shared flat with two other guys and our rent is overdue by 11days at the moment, due to a banking error on my part - I'll spare the details as it's a long winded but totally truthful explanation and has resulted in me being £600 worse this month as the rent is usually paid out of my account. After shouting down the phone at me for about twenty minutes, our landlord gave me 14 days to get this months rent to him. I have tried every avenue I can think of, however having just switched bank accounts (the cause of the problem) they can't issue an overdraft or loan to aid me without having seen three months wages enter my account. I am at my wits end as I know I will have to speak to him after the weekend and explain that there's no way I can afford to do this at present.

    At which point can he lawfully issue further proceedings against us? I've tried looking online but came up with nothing concrete. I read something about a section 21 and a section 8 but I thought they couldn't issued unless there was arrears of two months rent?

    Hope someone can advise as this is starting to cause me some degree of stress

    PS - I'm due to move out of the property at the end of the month and have served a months notice but I want to get this sorted out as my two friends are wanting to stay in the property and are looking for a replacement tenant with the agency, and I don't want this to affect them.

    #2
    Originally posted by Newbie421 View Post
    Hello there, I have a question regarding rent arrears.

    I live in a shared flat with two other guys and our rent is overdue by 11days at the moment, due to a banking error on my part - I'll spare the details as it's a long winded but totally truthful explanation and has resulted in me being £600 worse this month as the rent is usually paid out of my account. After shouting down the phone at me for about twenty minutes, our landlord gave me 14 days to get this months rent to him. I have tried every avenue I can think of, however having just switched bank accounts (the cause of the problem) they can't issue an overdraft or loan to aid me without having seen three months wages enter my account. I am at my wits end as I know I will have to speak to him after the weekend and explain that there's no way I can afford to do this at present.

    At which point can he lawfully issue further proceedings against us? I've tried looking online but came up with nothing concrete. I read something about a section 21 and a section 8 but I thought they couldn't issued unless there was arrears of two months rent?

    Hope someone can advise as this is starting to cause me some degree of stress

    PS - I'm due to move out of the property at the end of the month and have served a months notice but I want to get this sorted out as my two friends are wanting to stay in the property and are looking for a replacement tenant with the agency, and I don't want this to affect them.
    1. Are all three of you on a single Tenancy Agreement for whole property, (for which each of you may individually be liable jointly and severally) or do you each have a separate Agreement?
    2. You are only eleven days overdue. Most AST Agreements allow a fourteen-day grace period anyway.
    3. L cannot yet use ground 8 in Schedule 2 to Housing Act 1988 in a s.8 Notice. That would require > 2 mths. arrears. He could use ground 10 (smaller rent arrears) but that is only a discretionary ground and he probably would not succeed if this is your first offence.
    4. Any section 21 Notice would not operate until the fixed term ends.

    So- keep calm, be polite to L although he is abusive towards you, and sort it out as quickly as reasonably possible. If he harasses you, that is a criminal offence and you should report it to Police, or Local Authority (Tenant Protection), or both.
    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).

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