Can you let me off £300 arrears because I have done work on the flat?

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    Can you let me off £300 arrears because I have done work on the flat?

    Above is the text I have received tonight from a tenant to whom I yesterday served a section 21 notice. He has been on a periodic tenancy for 5 years now and has certainly looked after his place well. But he rarely pays on time, has been up to 2 months in arrears, had several cheques bounce and made many excuses or none.I decided I could no longer stand the stress each month but I told him that if he paid up the this month's rent ( due end Dec) plus the arrears, and paid the next 2 months on time, I would not follow up with eviction. He has paid the rent cheque into my account but it is not yet cleared.

    I am stunned by his cheek in the circumstances. The flat is in good repair and I have never asked him to work on it nor failed to carry out any necessary repairs. He has told me proudly how well he maintains it but never suggested I owed him money.

    How should I reply? I don't want to jeopardise the Section21.

    #2
    You've arguably (argued by tenant to judge) Granted him a new tenancy for his payment.

    As s21 requires no reason and is as valid if tenant has paid you too much as if he is 4 years in arrears I'd not reply at all, other than confirm how much he owes & note tenant is required to return property as was, not as changed by him, and he may get a reinstatement bill.

    Why on earth hadn't you served him s8s every time rent was late? One can be served if only 1p paid 1 day late.
    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...

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      #3
      A response to the text you've received would be "No."... I guess, if you wanted to get into more detail you could say why, but why bother? A "No." is fine.

      Opening-up a discussion is probably not the way to go.

      Comment


        #4
        Thank you both for early replies. I thought I could only serve section 8 when he was over 2 months in arrears. Usually it is less.
        I thought I could and should continue to collect rent after serving Section 21?

        Comment


          #5
          In future don't reply or respond to messages of that nature. Just evict him and see if he argues what Artfullodger posts - but you don't need the tell the tenant that!



          Freedom at the point of zero............

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            #6
            Originally posted by Meditator View Post
            Thank you both for early replies. I thought I could only serve section 8 when he was over 2 months in arrears. Usually it is less....
            See
            http://www.landlordzone.co.uk/conten...for-possession
            S8g8 is 2 months unpaid (different from arrears. happens sooner...)
            s8g10 some rent unpaid (the 1p for 1 day)
            s8g11 rent persistently late/under

            10 & 11 are discretionary: However only issue s8, (tenant might take hint) - usually evict with s21
            I thought I could and should continue to collect rent after serving Section 21?
            of course, rent owing until tenancy ended (ie bailiffs eject tenant)
            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


              #7
              Originally posted by theartfullodger View Post
              You've arguably (argued by tenant to judge) Granted him a new tenancy for his payment.
              I think you may have misread the OP.
              Section 21 has been served, so the original tenancy is still ongoing and rent continues to be due.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Originally posted by jpkeates View Post
                I think you may have misread the OP.
                Section 21 has been served, so the original tenancy is still ongoing and rent continues to be due.
                Yes, but he made this offer...
                but I told him that if he paid up the this month's rent ( due end Dec) plus the arrears, and paid the next 2 months on time, I would not follow up with eviction. ...
                Unwise IMHO, unlikely to be accepted by Judge as new tenancy but...... I'd simply say "you owe me £xxxx rent"......
                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


                  #9
                  Section 21 notices aren't unconditional and aren't affected by conflicting or inconsistent statements and actions - you can't even cancel one, just wait for it to expire (tenancy after 1st Oct) or simply don't progress it (old rules).
                  And, as they don't end a tenancy, a new one can't begin.

                  Obviously judges on the day can have their own positions with regard to any of this.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Understand: Re. "New tenancy" I meant if the offer of "Pay arrears and then regular & you can stay" would be seen as a new tenancy. A minor, unlikely to get-to-court, point
                    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


                      #11
                      The fact that the place is in good nick is good.
                      Hopefully there is a deposit from which you can retain arrears, properly protected etc.

                      I would say 'No to your request', also 'I now expect you to vacate the property on the date specified by the s21 notice.

                      Hopefully he will leave.

                      Comment


                        #12
                        Thanks again to everyone. First time posting and really appreciate so many helpful posts. Will let you know eventual outcome.

                        Comment

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