tenant in arrears witholding further rent

sheepy43

have a tenant in serious arrears , previously decent payer , although not always the most popular chap in the flats(noisy parties) Has had an issue over running repairs , which are being completed , mostly initiated by me the landlord , ie new central heating,kitchen etc. His living areas not compromised (bed nor living room). I pay all the bills for the place . have had only verbal grumblings , but he has avoided me the last 2 months and now comes up with the old chestnut of not paying due to the flat being unliveable(this despite a party every friday night and a PS3 day with his mates for the rest of the weekend ... he then works away midweek) .He has offered one month out of the three he owes . this despite obvious ongoing work , (partly delayed by the council), not wanting to turf him out on street , but where do i stand on him witholding rent without prior notice .

clutton_2

issue a Section 8 Ground 8 notice, together with a Section 21 notice

BitterAndTwisted

A reasonable landlord "might" be persuaded to offer a discount on the rent while the works were going on but is under no legal obligation to do so as far as I know. It's all going to improve the tenant's standard of living in any case but I wouldn't countenance any discount whatsoever while the tenant is in arrears. Needing repairs or maintenance are not justifiable reasons to withhold rent: there are strict procedures for doing that as a last resort. They are trying it on and I'd issue the two notices as advised by clutton and get shot of him asap

Catblue

sheepy43 wrote: »

He has offered one month out of the three he owes . this despite obvious ongoing work , (partly delayed by the council), not wanting to turf him out on street , but where do i stand on him witholding rent without prior notice .

Why on earth don't you want to turf him out?

He has made noise every week that bothers other people and unfortunately you did not serve notice on him when this first started (a lot of landlords would have). He has obviously taken that as a sign that you are a soft touch. He has carried on with his parties and has now decided to "offer" you one months rent instead of the three that he owes.

This guy obviously thinks you are a mug. If you do not act, he will just get worse and worse.

Do as clutton says and get rid.

Fire_Fox

The poor neighbours! What steps have you taken to eliminate the noise issue?

theartfullodger

Clutton is right...

You surely owe a duty to his neighbours to chuck him out.. You ain't in bonnie Scotland are you??? There action can be taken for Anti-Social behaviour against the Landlord, and quite right too IMHO...

Cheers!

Lodger

clutton_2

""There action can be taken for Anti-Social behaviour against the Landlord""

some local authorities in England attempt to do the same.....

zet_2

sheepy43 wrote: »

He has offered one month out of the three he owes .. not wanting to turf him out on street

It sounds like he is having some kind of personal crisis, so is trying to fob you (and perhaps other people) off.

He has offered some rent, and you don't want to make him homeless, therefore you both sound like decent people, so I think there should be scope to find a solution. I would sit down with him over a cup of tea and hear the back story to his change in circumstances.

You may be able to get him to resume paying rent, and agree a payment plan to get his arrears down, say over six months.

If he has a real problem, he might be able to get council help to pay the rent.

Of course, it might turn out over the cuppa that he is just messing you about.

olly300

zet wrote: »

It sounds like he is having some kind of personal crisis, so is trying to fob you (and perhaps other people) off.

He has offered some rent, and you don't want to make him homeless, therefore you both sound like decent people, so I think there should be scope to find a solution. I would sit down with him over a cup of tea and hear the back story to his change in circumstances.

You may be able to get him to resume paying rent, and agree a payment plan to get his arrears down, say over six months.

If he has a real problem, he might be able to get council help to pay the rent.

Of course, it might turn out over the cuppa that he is just messing you about.

What planet are you on?

The tenant has been having noisy parties disturbing his neighbours.

He needs to be kicked out before the neighbours find out who the landlord is and take action.

zet_2

olly300 wrote: »

The tenant has been having noisy parties disturbing his neighbours.

Well all you are going on is hearsay. Noise complaints can also be caused by a woeful lack of sound insulation combined with very sensitive tenants, we don't know.

PayDay

BitterAndTwisted wrote: »

A reasonable landlord "might" be persuaded to offer a discount on the rent while the works were going on but is under no legal obligation to do so as far as I know.

A judge can decide the amount of compensation to the tenant, if the landlord is unwilling to reduce the rent during the disruption period.