Arrears In Rent

theartfullodger

What does new signed tenancy say about how often rent is paid? Weekly, monthly, annually:. In arrears or advance (if neither default is in arrears).

Until you tell us not possible not possible to advise you.

deepam

My tenancy agreement says that the rent to be paid in advance for the whole year. This was suggested by the estate agent as his credit check had failed. I would be surprised as to how many people would let their flat out to a person whose credit check fails .... that's why I call it 'help'

As I understand I can only issue s8? Is that correct?
How much roughly the court eviction can cost?
"You had zero right to expect him to move out after 12 months" - What does this mean? Do you mean 'before 12 months'? In that case he may have signed the contract thinking that I will not be able to get my flat from him if he does not pay before 12 months ???

G_M

theartfullodger wrote: »

What does new signed tenancy say about how often rent is paid? Weekly, monthly, annually:. In arrears or advance (if neither default is in arrears).

Until you tell us not possible not possible to advise you.

this.

why has it taken so may posts before the right quesion is asked?

What does the latest signed tenancy agreement say about rent?
Is the rent due an annual amount?
Or a monthly/weekly/whatever amount, due a year in advance? Or what?

And what are the tenancy dates?

Please quote accurately and in full.

Only then can we know what arrears exist.

FBaby

Your big error was to sign the ast yourself before you saw the money. You should have signed it as money was exchanged.

You now need to wait until he has failed to pay 2 month's rent before you can issue a s8. There is nothing you can do before.

deepam

Looking at my tenancy agreement. It states as below

"ASSURED SHORTHOLD TENANCY AGREEMENT
This Agreement is intended to create an Assured Shorthold Tenancy as defined by
section 19A of the Housing Act 1988 (as amended) and shall take effect subject to the
provisions for the recovery of possession set out in section 21 of that Act.
"

"Payment Method
The Tenant shall pay to the Agent the sum of £5,400.00 (five thousand four hundred
pounds and zero pence) by cleared funds in advance for the period 16 July 2019 to
15 January 2020.
Thereafter the Tenant shall pay to the Agent the sum of £5,700.00 (five thousand
seven hundred pounds and zero pence) by cleared funds in advance for the period
16 January 2020 to 15 July 2020, both of such payments being due on 16 July 2019."

HampshireH

Wow you housed an unemployed person on those terms. That's somewhat brave perhaps a little foolish. I think you have been very lucky until now.

Why not offer him a new contract monthly rent if he is eligible to the housing part of UC?

This would possibly be no different to your next tenant. Not many people have nearly 6k to pay upfront

G_M

deepam wrote: »

Looking at my tenancy agreement. It states as below

"ASSURED SHORTHOLD TENANCY AGREEMENT
This Agreement is intended to create an Assured Shorthold Tenancy as defined by
section 19A of the Housing Act 1988 (as amended) and shall take effect subject to the
provisions for the recovery of possession set out in section 21 of that Act.
"

"Payment Method
The Tenant shall pay to the Agent the sum of £5,400.00 (five thousand four hundred
pounds and zero pence) by cleared funds in advance for the period 16 July 2019 to
15 January 2020.
Thereafter the Tenant shall pay to the Agent the sum of £5,700.00 (five thousand
seven hundred pounds and zero pence) by cleared funds in advance for the period
16 January 2020 to 15 July 2020, both of such payments being due on 16 July 2019."

could you
a) check the dates and figuresyou have quoted for errors, and
b) quote ALL the relevant wording regarding rent, not just the due payment dates.

deepam

G_M some more from my agreement

"Further Charges to be paid by the Tenant
3.1. To pay the Council Tax (or any similar charge which replaces it) in respect of the
Property either directly to the local authority, or by paying that sum to the Landlord, or the
Agent, where the Landlord, or the Agent, has paid that sum to the local authority (whether
legally required to do so or not) within 14 days of receiving a written request for such monies
and to pay costs incurred by the Landlord as a result of the Tenant ceasing to occupy the
Property as his main and principal home during the Tenancy
3.2. To pay all charges falling due for the following services used during the Tenancy and
to pay the proportion of any standing charge for those services which reflects the period of
time that this Agreement was in force:
• gas;
• water including sewerage and other environmental services;
• electricity;
• any other fuel charges;
• telecommunications, including broadband, ADSL lines, cable and satellite if
applicable.
3.3. To pay to the Landlord, or the Agent, all reasonable costs and expenses awarded by
the Court or incurred by the Landlord for the following:
• recovering or attempting to recover any Rent or other monies in arrears;
• the enforcement of any reasonable obligation of the Tenant under this Agreement;
• the service of any Notice relating to any major breach of this Agreement whether or
not court proceedings are brought;"

"Utilities and Council Tax
9.1. To notify (and provide meter readings where appropriate) to the suppliers of gas,
water, electricity, other fuel and telephone services to the Property and the local authority that
this Tenancy has started.
9.2. To apply for the accounts for the provision of those services and the council tax to be
put into the name of the Tenant.
9.3. Not to tamper, interfere with, alter, or add to, the installations or meters relating to the
supply of such services to the Property and not to install any water meter or pre-payment
meter without the written consent of the Landlord or his Agent, which will not be unreasonably
withheld.
9.4. Not to change the telephone number without the consent of the Landlord or the
Agent.
9.5. To inform the Landlord, or the Agent, of the change of telephone number promptly
when the Tenant is given the new number.
9.6. Not to change an account for any utility to a new supplier more than once without the
written consent of the Landlord or the Agent.
9.7. To inform the Landlord or the Agent promptly of the name, address and account
number of the new supplier upon transfer.
9.8. To pay any costs incurred by the Landlord or the Agent in transferring the account
back to the original supplier at the end of the Tenancy.
9.9. To pay to the Landlord all costs incurred in the re-connection of any service (including
any arrears of payment) following disconnection of any service whether caused by the
Tenant’s failure to comply with clause 3.2 of Schedule 1 or by anything done or not done by
the Tenant."

"The Agent with the consent of the Landlord and the Tenant may deduct monies from the
Deposit (as set out in clause 4 of The Main Terms of the Tenancy) to compensate the
Landlord or Agent for losses caused for any or all of the following reasons:
 any damage to or cleaning of the Property and Fixtures and Fittings caused by the
Tenant or arising from any breach of the terms of this Agreement by the Tenant;
 any damage caused or cleaning required due to pets, animals, reptiles, birds, or
fish occupying the Property (whether or not the Landlord consented to its presence
as set out in this Agreement in Schedule 2);
 any sum repayable by the Landlord or the Agent to the local authority where
housing benefit has been paid direct to the Landlord, or the Agent, by the local
authority;
 any other breach by the Tenant of the terms of this Agreement;
 any instalment of the Rent which is due but remains unpaid at the end of the
Tenancy;

 any unpaid account or charge for water, electricity or gas or other fuels used by the
Tenant in the Property;
 any unpaid council tax;
 any unpaid telephone charges;
 in respect of a Judgement set out in a Court Order where arrears or damages are
awarded to the Landlord"

"The Rent
£900.00 (Nine Hundred Pounds and Zero Pence) per calendar month (“The Rent”)
payable in advance."

"Stamp Duty Land Tax" means the tax payable (if applicable) by the Tenant to the
Stamp Office on the signing of this Agreement, if the Rent after discount exceeds the
threshold. Further information can be obtained from the Inland Revenue website on
www.hmrc.gov.uk/so."

"The Landlord and the Tenant agree:
to the rental of the Property for the Term and at the Rent payable as set out above and upon
the following terms:
A. The Tenant will observe and perform the Tenants' obligations as set out in Schedule
1 to this Agreement.
B. The Landlord will observe and perform the Landlord’s obligations as set out in
Schedule 2 to this Agreement.
C. The Landlord and the Tenant agree and confirm the declarations, provisions notices
as set out in Schedule 3 to this Agreement.
D. The Landlord and the Tenant will observe and perform the obligations as set out in
Schedule 4 to this Agreement.
E. (optional if special clauses) The Landlord and the Tenant will observe and perform
the obligations as set out in Schedule 5 to this Agreement."

"2. Paying Rent
2.1 To pay the Rent by as set out in clauses 2 and 3 of The Main Terms of the Tenancy
whether or not it has been formally demanded.
2.2 Any monies paid by a third party as agent of, or on behalf of, the Tenant (including
monies paid as rent before or during the Tenancy) do not constitute a tenancy between the
Landlord and the third party or the Tenant and the third party."

"3.3. To pay to the Landlord, or the Agent, all reasonable costs and expenses awarded by
the Court or incurred by the Landlord for the following:
• recovering or attempting to recover any Rent or other monies in arrears;
• the enforcement of any reasonable obligation of the Tenant under this Agreement;
• the service of any Notice relating to any major breach of this Agreement whether or
not court proceedings are brought;"

"3.7. A default fee will be charged for late payment of rent but only where the rent payment
has been outstanding for 14 days or more (from the date set out in the tenancy agreement)
this will be calculated at 3% above the Bank of England’s base rate for each day that the
payment has been outstanding. This cost to be paid within seven days of written demand,
which if not paid the tenant hereby agrees the outstanding sum can be deducted from the
Deposit at the end of the Tenancy."

"21.12. To pay an amount equivalent to the daily Rent and other monies under the Particulars
of this Agreement when the Property is left full of bulky furniture, or a large amount of other
bulky and heavy discarded items belonging to the Tenant; which may prevent the Landlord
residing in, re-letting, selling or making any other use of the Property until the items are
removed; or the Landlord or the Agent remove, store, or dispose of the items after giving the
Tenant at least fourteen days written notice, addressed to the Tenant at the forwarding
address provided by the Tenant; or in the absence of any address after making reasonable
efforts to contact the Tenant and the Tenant will be liable for all reasonable costs of disposal;
the costs of which may be deducted from any sale proceeds or the Deposit. If there are any
remaining costs after the above deductions have been made they will remain the liability of
the Tenant."

"24. Immigration Act 2014 – Right to Rent
24.1. The tenant hereby confirms to the Landlord that any person named as tenant or permitted occupier in this Agreement have a current Right to Reside/Rent in the UK under the
rules of the Immigration Act 2014, and will immediately advise the Landlord or Agent in writing
when any Tenant's Time-Limited Right to Reside has expired, or has not been renewed or
withdrawn by the Home Office."

"1. Forfeiture Clause, Ending the Tenancy and Re-entry
1.1. If at any time:
1.1.1. the Rent, or any part of it remains unpaid for 14 days after falling due, whether
formally demanded or not; or
1.1.2. if any agreement or obligation of the Tenant is not complied with; or
1.1.3. if any of the grounds set out in Schedule 2 of the Housing Act 1988 (as amended) being
grounds 2, 7a, 7b, 8, 10. 11, 12, 13, 14, 14za 15 or 17 are made out (see Definitions);
the Landlord may give written Notice to the Tenant that the Landlord seeks possession
of the Property. If the Tenant does not comply with that Notice the Landlord will bring
this Agreement to an end and re-gain possession of the Property by complying with his
statutory obligations; obtaining a court order; and re-entering the Property with the
County Court Bailiff. When the Bailiff enforces a possession order the right for the
Tenant to remain in the Property will end. This clause does not prejudice any other
rights that the Landlord may have in respect of the Tenant’s obligations under this
Agreement"

"Early Termination
2.1. If the Tenant vacates the Property during the Term apart from according to any
agreed break clause which is included within the Agreement, the Tenant will remain
liable to pay Rent, council tax, utilities and any other monies payable under this
Agreement until the Term expires.
3. Interruptions to the Tenancy
3.1. If the Property is destroyed or made uninhabitable by fire or any other risk against
which the Landlord has insured, Rent will cease to be payable until the Property is
reinstated and rendered habitable; unless the insurance monies are not recoverable
(whether in whole or in part) because of any thing done or not done by the Tenant,
his family or his visitors; or the insurer pays the costs of re-housing the Tenant. To
avoid doubt between the parties the Landlord has no obligation to re-house the
Tenant. In such case either party may immediately terminate this Agreement by
giving written notice to the other party and any rent already paid by the Tenant in
respect of any unexpired period of the Tenancy shall be repaid to the Tenant by the
Landlord."

"Notwithstanding Clause 2 of the Main Terms of the Tenancy the Parties agree that with effect
from 16 January 2020, the Rent shall be increased to £950.00 (Nine Hundred and Fifty
Pounds and Zero Pence) for the remainder of the term."

diggingdude

Are you seriously recommending an illegal eviction? You should be banned for that

deepam

I don't want to do anything illegal. I just want my flat back. After all it has been my hard earned/honest money