Tenant didn't pay rent in previous contract period - leg to stand on?

complover21_2

Hi,

Hope someone can help. We have a tenant that missed one month's rent during the previous 6 month tenancy agreement (our management company failed to notice) with everything else paid on time. We have since started a new tenancy agreement with the same tenant, can we still go back and demand this missed rent?

Many thanks

N79

You have six years to start action to reclaim this rent. Step one is to send a rent statement to the T, outlining the account and asking them to make the rent up to date.

Given that you agents did not notice and it was just one missed payment then it is possible that the T has also not noticed as you could be looking at a bank error or other technical glitch. For this reason, it would make sense to take a conciliatory approach in the first instance, so that you do not annoy the T more than necessary.

You should also probably ask your agent to account for their incompetence and also have a hard look at your own processes as they clearly need to be changed if you failed to notice that your Ts missed a rent payment for months!!!

tbs624

Agree with N79- send a Rent Statement and ask them to bring their payments up to date.

As for your incompetent LA, anyone can set themselves up in business as an LA - no training, no specific skills or qualifications required - so as a LL you need to keep your eye on what they do/don't do.

Did the LA still take their commission for that unpaid month? I am amazed that you /the LA would sign a T up for a further Fixed Term without first checking back through their payment record. Perhaps your own finances are in such good shape that you are able to miss a month's rent payment and not immediately notice it.......