Is a Full Months Rent Payable Following Forced Eviction Part Month?

SanMiguel80

I will be grateful if someone could answer the following:

Can a LL charge for a full month’s rent if the tenant is forcibly evicted by CC bailiff’s part way through the month as a result of a S.21 court judgement? I do not know the possession date or if this is relevant or not.

I was the guarantor for a family member who was evicted as such and I am now being pursued for payment by the LL sols for the unpaid rent. 

The rent was normally charged on the 28th of each month and he was evicted on the 7th of the following month. In the demand for payment and rent statement sent to me, I noticed that they have charged a full month’s rent on the 28th before the eviction. Is this correct or could I argue that an occupancy rate (daily rate) should have been charged?

Naturally I am looking into reducing my financial exposure to this claim where I can but I don't wish to argue this point if it has no basis.

I have done a search of the web and unfortunately I keep finding conflicting answers.

Thanks.

Brie

The short answer from me is I don't know for sure.

The longer answer is that I would assume that rent is only payable in those circumstances up to the day the tenant was removed from the property.  On this basis I would calculate what is owed up to the 7th and send them a cheque for that amount stating this is what you believe is due.  They may be less likely to chase a smaller amount if they think it's going to be costly to do so.

SanMiguel80

Brie said:

The short answer from me is I don't know for sure.

The longer answer is that I would assume that rent is only payable in those circumstances up to the day the tenant was removed from the property.  On this basis I would calculate what is owed up to the 7th and send them a cheque for that amount stating this is what you believe is due.  They may be less likely to chase a smaller amount if they think it's going to be costly to do so.

Many thanks for your reply. Unfortunately it is not just this final rent that the tenant didn't pay but also approximately the previous six months with a total rent owed of around £7500. If it is only payable up until date of eviction this could reduce my liability by around £600.

Voyager2002

SanMiguel80 said:

Brie said:

The short answer from me is I don't know for sure.

The longer answer is that I would assume that rent is only payable in those circumstances up to the day the tenant was removed from the property.  On this basis I would calculate what is owed up to the 7th and send them a cheque for that amount stating this is what you believe is due.  They may be less likely to chase a smaller amount if they think it's going to be costly to do so.

Many thanks for your reply. Unfortunately it is not just this final rent that the tenant didn't pay but also approximately the previous six months with a total rent owed of around £7500. If it is only payable up until date of eviction this could reduce my liability by around £600.

For that much money it is worth taking proper legal advice. There are many common errors that can render a guarantor agreement invalid: let's hope that this one is no exception.

Alderbank

It is unusual to have rent arrears where there is a guarantor and very unusual for the arrears to be so longstanding.

The purpose of a guarantor is that he is jointly and severally liable for any debts but of relatively sound financial status (usually a home-owner etc.) compared with the tenant so gives the landlord surety that the rent will be paid.

As @Voyager2002 says above, before admitting any liability you should make very sure that the deed establishing you as guarantor has been properly executed.
If it is watertight the bad news for you is that you are probably also liable for both sides' legal costs for the eviction which can be significant.

Olinda99

Double check the guarantor document was signed as a deed ie 'signed as a deed' was written next to your signature

AskAsk

you are liable for the full month of rent.  rent is payable monthly in advance and any refund if the tenant left before the start of the next payment is always subject to discretion from the landlord.

in this case the tenant had been evicted and you could argue that it wasn't his decision to leave early but then again, he has been evicted so he has broken the terms of the contract so there isn't much come back.

AskAsk

Alderbank said:

It is unusual to have rent arrears where there is a guarantor and very unusual for the arrears to be so longstanding.

The purpose of a guarantor is that he is jointly and severally liable for any debts but of relatively sound financial status (usually a home-owner etc.) compared with the tenant so gives the landlord surety that the rent will be paid.

As @Voyager2002 says above, before admitting any liability you should make very sure that the deed establishing you as guarantor has been properly executed.
If it is watertight the bad news for you is that you are probably also liable for both sides' legal costs for the eviction which can be significant.

yeah, don't guarantor unless you have the funds to pay the rent.

theartfullodger

Very very unlikely.

Has this greedy landlord got no decency? (I for my sins am a landlord).

I suggest don't communicate with him , don't help him in any way.

Unless it gets to court papers.  

See here for more info.
https://england.shelter.org.uk/housing_advice/private_renting/guarantors_for_private_renters?gad_source=1&gclid=Cj0KCQiAoJC-BhCSARIsAPhdfSgO-gew7reWEVU58J7-QhgkE_T9g3cMfWA_eK-mYlc27bfUQvs7K1gaAsZ-EALw_wcB

And landlords wonder why they have a bad name.

Best wishes...

Voyager2002

theartfullodger said:

Very very unlikely.

Has this greedy landlord got no decency? (I for my sins am a landlord).

I suggest don't communicate with him , don't help him in any way.

Unless it gets to court papers.  

See here for more info.
https://england.shelter.org.uk/housing_advice/private_renting/guarantors_for_private_renters?gad_source=1&gclid=Cj0KCQiAoJC-BhCSARIsAPhdfSgO-gew7reWEVU58J7-QhgkE_T9g3cMfWA_eK-mYlc27bfUQvs7K1gaAsZ-EALw_wcB

And landlords wonder why they have a bad name.

Best wishes...

In fairness, the legal and other costs that the landlord will have incurred are likely to be very significant, and the guarantor is probably not on the hook for these. These losses that the landlord faces will be far greater than the rent for a fraction of the month.

theartfullodger

Expenses any prudent landlord will have forseen and budgeted for.  Same as repairs, reflooring, periodic painting, insurance, certificates etc etc etc