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First Party Fraud

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  • 3card
    3card Posts: 437 Forumite
    Part of the Furniture 100 Posts Name Dropper
    robatwork said:
    3card said:
    During the lockdowns i agreed to a greatly reduced rent with the make up to be agreed once she was back on her feet. She volunteered a figure to make this up and this stopped after a couple of months and her promises to start this again have never materialized.
    Years of avid Judge Judy watching has taught me one thing (and I'm sure it applies both sides of the pond). Actually 2.
    If you make a contract verbally (or via text) to vary her rent then this won't necessarily override the written signed contract. Also, if you agreed to rent reduction "until she's back on her feet" then she certainly isn't, and possibly never will be, and therefore entitled to stay on the reduced rent.

    I suspect you'll need to start eviction sooner rather than later and kiss your arrears goodbye.
    Our 'agreement' was typed up and signed by both parties and after 3 months she did start to pay back the arrears at the figure she came up with. The only problem was that after 5 months she dropped the figure unilaterally and then after another 3 months she stopped paying the extra and just paid her rent

    I think you are correct about the eviction and the kissing of the arrears tho
  • 3card
    3card Posts: 437 Forumite
    Part of the Furniture 100 Posts Name Dropper
    MaryNB said:
    When the grounds for an S8 G8 are met, issue an S21 at the same time in case she pays enough to reduce the arrears below 2 month's worth of rent. If she does so before the court hearing she may be able to stop the eviction process.
    There are a lot of requirements to be met for an S21 to be valid so make sure you cover everything. 
    I did actually read this earlier this evening about issuing both S8 & S21 at the same time for the reason you stated

    Thank you
  • Ed-1
    Ed-1 Posts: 3,955 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    This sounds like she banks with Natwest. In which case I'd be inclined to give benefit of the doubt if you value her as a tenant.

    Natwest First Party Fraud are vile:
    https://m.facebook.com/groups/3096246600404581
  • Amixo3032 said:
    She’s taking you for a ride 
    In lieu of rent?
    Yes !  There tenant is giving excuses
  • 3card
    3card Posts: 437 Forumite
    Part of the Furniture 100 Posts Name Dropper
    A little update.
    The tenant told me yesterday that her bank have told her that they are waiting for 'the other bank to refund her money' so hopefully it shouldnt take much longer

    Time is running out for her 
  • born_again
    born_again Posts: 20,327 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    3card said:
    A little update.
    The tenant told me yesterday that her bank have told her that they are waiting for 'the other bank to refund her money' so hopefully it shouldnt take much longer

    Time is running out for her 

    That really does not tie in with her bank blocking her account.

    You could ask her to explain exactly what has happened. But bet you would get a convoluted story that made no sense whatsoever. 

    Only other possible case is she has bought something and paid via bank transfer & it has never turned up, so is trying claiming the money back. But there is no guarantee of a refund if the funds have been removed from the other account.
    But even if that is the case she would still not have been able to pay you, as the money was already spent...
    Life in the slow lane
  • 3card
    3card Posts: 437 Forumite
    Part of the Furniture 100 Posts Name Dropper
    3card said:
    A little update.
    The tenant told me yesterday that her bank have told her that they are waiting for 'the other bank to refund her money' so hopefully it shouldnt take much longer

    Time is running out for her 

    That really does not tie in with her bank blocking her account.

    You could ask her to explain exactly what has happened. But bet you would get a convoluted story that made no sense whatsoever. 

    Only other possible case is she has bought something and paid via bank transfer & it has never turned up, so is trying claiming the money back. But there is no guarantee of a refund if the funds have been removed from the other account.
    But even if that is the case she would still not have been able to pay you, as the money was already spent...
    Many of your points have all been going around my mind today.

    I dont want to ask her too many questions about her situation because to put it bluntly im getting to the point where i dont believe a word shes telling me

    I will leave it for another few days then i think she may be receiving a notice from me. (I have taken some legal advice today) 
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