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  • FIRST POST
    • byronwells
    • By byronwells 14th Sep 18, 5:19 PM
    • 78Posts
    • 3Thanks
    byronwells
    Being Threaten By Letting Agents
    • #1
    • 14th Sep 18, 5:19 PM
    Being Threaten By Letting Agents 14th Sep 18 at 5:19 PM
    Alright guys

    I am in need of some urgent advice if you don't mind please..

    We are renting a property via a letting agency for 16 months now and have paid our £600 rent in full on time always.. However this month we have had a slight problem with paying the rent..

    We accidently paid City Council twice, instead of once.. So now we can only pay £500 for this month and have done so..

    We have emailed the letting agency and explained the situation and that we will be able to the pay the outstanding £100 on the next due date of rent....

    However they have just threatened us and want it paid by this Monday or they will start Section 8 or Section 21 procedure.. They are not taking into consideration that this is our first time and that we have always paid in full before...
Page 1
    • Comms69
    • By Comms69 14th Sep 18, 5:21 PM
    • 5,519 Posts
    • 5,627 Thanks
    Comms69
    • #2
    • 14th Sep 18, 5:21 PM
    • #2
    • 14th Sep 18, 5:21 PM
    A letting agent CANNOT evict you. What does the landlord say?
    • byronwells
    • By byronwells 14th Sep 18, 5:25 PM
    • 78 Posts
    • 3 Thanks
    byronwells
    • #3
    • 14th Sep 18, 5:25 PM
    • #3
    • 14th Sep 18, 5:25 PM
    Never dealt with the landlord... This property was found and rented through letting agency...
    • kazwookie
    • By kazwookie 14th Sep 18, 5:25 PM
    • 10,109 Posts
    • 125,346 Thanks
    kazwookie
    • #4
    • 14th Sep 18, 5:25 PM
    • #4
    • 14th Sep 18, 5:25 PM
    Can you borrow the money from family or friends, or ask your works for an advance loan
    Sun, Sea
    Slinky is back on!
    • hazyjo
    • By hazyjo 14th Sep 18, 5:27 PM
    • 11,080 Posts
    • 14,626 Thanks
    hazyjo
    • #5
    • 14th Sep 18, 5:27 PM
    • #5
    • 14th Sep 18, 5:27 PM
    Rent is a priority bill. Is there something else that can wait? Can you pay it on a credit card?
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes; Thai cooking stuff; Jo Brand talk; Slime Factory; Flawless tickets; Comedy night tickets
    • byronwells
    • By byronwells 14th Sep 18, 5:44 PM
    • 78 Posts
    • 3 Thanks
    byronwells
    • #6
    • 14th Sep 18, 5:44 PM
    • #6
    • 14th Sep 18, 5:44 PM
    Rent is a priority bill. Is there something else that can wait? Can you pay it on a credit card?
    Originally posted by hazyjo
    We understand that the rent is a priority but please kindly understand that this is first time we have not been able to pay the full rent and only missed a £100.. We have always paid in a full on time before... We are not one of these people that abuse that situation!!
    • Thrugelmir
    • By Thrugelmir 14th Sep 18, 5:48 PM
    • 61,076 Posts
    • 54,296 Thanks
    Thrugelmir
    • #7
    • 14th Sep 18, 5:48 PM
    • #7
    • 14th Sep 18, 5:48 PM
    The obvious concern for the LL is that if you are struggling to find £100 (from any source). Then how long before you struggle again.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • pinkshoes
    • By pinkshoes 14th Sep 18, 5:48 PM
    • 16,079 Posts
    • 22,109 Thanks
    pinkshoes
    • #8
    • 14th Sep 18, 5:48 PM
    • #8
    • 14th Sep 18, 5:48 PM
    We understand that the rent is a priority but please kindly understand that this is first time we have not been able to pay the full rent and only missed a £100.. We have always paid in a full on time before... We are not one of these people that abuse that situation!!
    Originally posted by byronwells
    We appreciate that, but is there there any way you can pay e.g. credit card, loan from someone?

    The EA cannot issue an S8 unless you are 2 months late with rent.

    They could issue an S21 though.
    Last edited by pinkshoes; 14-09-2018 at 7:44 PM.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • theartfullodger
    • By theartfullodger 14th Sep 18, 6:07 PM
    • 9,923 Posts
    • 13,506 Thanks
    theartfullodger
    • #9
    • 14th Sep 18, 6:07 PM
    • #9
    • 14th Sep 18, 6:07 PM
    We appreciate that, but is there there any way you can pay e.g. credit card, loan from someone?

    The EA cannot issue an S8munless younare 2 months late with rent.

    They could issue an S21 though.
    Originally posted by pinkshoes
    Nope!! An s8g10 may be validly served if only 1p is underpaid for only 1 day. And could be taken to court for hearing, and in theory result in eviction. But no judge I've ever heard of would evict for that.


    The 2 months is for ground 8: Still simple options to defend against that as a tenant.
    • Cakeguts
    • By Cakeguts 14th Sep 18, 6:11 PM
    • 5,230 Posts
    • 7,948 Thanks
    Cakeguts
    We understand that the rent is a priority but please kindly understand that this is first time we have not been able to pay the full rent and only missed a £100.. We have always paid in a full on time before... We are not one of these people that abuse that situation!!
    Originally posted by byronwells

    It doesn't matter if it is the first time. It is your responsibility to pay the rent on time even if you have to borrow it. It isn't the landlord's fault that you made a mistake with your finances. Also why does this have to wait until next month? Are your finances so tight that making an extra payment on something else means that you have no savings at all? What are you going to do to pay the rent if you lose your job?
    • shortcrust
    • By shortcrust 14th Sep 18, 7:03 PM
    • 2,149 Posts
    • 3,311 Thanks
    shortcrust
    Iíd be selling stuff on ebay/heading down the pawn brokers asap. Itís a bit late now but paying the full amount a few days late and blaming some sort of mix up would have been preferable to broadcasting that youíre flat broke to your landlord.
    • byronwells
    • By byronwells 14th Sep 18, 7:13 PM
    • 78 Posts
    • 3 Thanks
    byronwells
    This threads need to be closed... Thanks
    • Comms69
    • By Comms69 14th Sep 18, 7:16 PM
    • 5,519 Posts
    • 5,627 Thanks
    Comms69
    Never dealt with the landlord... This property was found and rented through letting agency...
    Originally posted by byronwells
    Well then ask for details and check. A letting agent cannot evict you
    • G_M
    • By G_M 14th Sep 18, 7:32 PM
    • 45,948 Posts
    • 55,497 Thanks
    G_M
    This threads need to be closed... Thanks
    Originally posted by byronwells
    Why? Do you think you've received all possible advice? You haven't!

    1) S21 Notice.
    a) It cannot be acted on for at least 2 months by when your rent will be up-to-date. No sensible landlord would continue eviction proceedings (but see 3 below)
    b) can it validly be served? are you in a fixed term contract?
    * If yes, when does it end?
    * if no, check this link - it may be invalid for other reasons:
    S21 checklist (Is a S21 valid?)

    2) S8 Notice
    * ground 8 (on which a judge has to evict) cannot be used till more than 2 months rent is late
    * ground 10 can be used with any arrears, but judges have discretion. You explain to the judge. No judge would choose to evict given
    - previous good rent record
    - minimal arrears
    - your undertaking to pay it off next month

    3) contact your landlord directly. I doubt the LL will want to evict you. He'll lose more rent betwen tenants, and have agency and other costs to get a new tenant in.

    If you do not have his name/address, Write to the agent requesting this information and refer to the Landlord & Tenant Act 1985 section 1. (you must write a letter)
    Last edited by G_M; 15-09-2018 at 5:10 AM.
    • hazyjo
    • By hazyjo 14th Sep 18, 9:38 PM
    • 11,080 Posts
    • 14,626 Thanks
    hazyjo
    We understand that the rent is a priority but please kindly understand that this is first time we have not been able to pay the full rent and only missed a £100.. We have always paid in a full on time before... We are not one of these people that abuse that situation!!
    Originally posted by byronwells
    I understand perfectly. But my comment still stands. Fact is, it's a priority bill. I would rather stop a direct debit, borrow it, sell something or use a credit card. Not sure why you think it makes a difference that it's the first time.
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes; Thai cooking stuff; Jo Brand talk; Slime Factory; Flawless tickets; Comedy night tickets
    • csgohan4
    • By csgohan4 14th Sep 18, 10:27 PM
    • 5,185 Posts
    • 3,308 Thanks
    csgohan4
    why do people think they should get a reward for paying bills on time??? your suppose to pay the rent on time, it's contractual
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"
    • Cakeguts
    • By Cakeguts 14th Sep 18, 11:01 PM
    • 5,230 Posts
    • 7,948 Thanks
    Cakeguts
    This thread worries me. There appears to be so little in the way of savings that they can't pay this £100. What on earth is going to happen at Christmas or if they get ill and can't work? I suppose then it will be that they have mostly paid the full rent on time but just can't afford to at the moment because they forgot to budget for Christmas or for someone being off work ill? They have already shown that they are willing to not pay the full rent. No wonder the letting agent is getting agitated.



    I notice that there hasn't been any work to get the money together to pay this month's rent only the wrong conclusion that it is alright to pay it next month.
    • Marcio45
    • By Marcio45 16th Sep 18, 2:11 PM
    • 198 Posts
    • 96 Thanks
    Marcio45
    A while ago, i put my house to rent and found what appeared to be nice tenants. No problem found during checks. A few months down the line the tenant asked to pay only part of that months rent because their employer made a mistake processing wages and it would take a few weeks to correct. I was promissed that the remainder of that months rent would be paid with next months rent in full.
    I accepted it as it appeared genuine. Well, from that moment on it became the norm and most months i had to chase the tenant for the rent or part of it. At the end of the fixed period i gave notice to vacate and luckilly they did as requested.
    When i was a tenant myself in the past i would rather get the £100 of the overdraft or credit card (even paying charges) or ask for a small loan from family or friends, than give the impression to the landlord that i am not at all reliable. If none of those options are available then you need to look seriously at your finances.
    • Cheeky_Monkey
    • By Cheeky_Monkey 16th Sep 18, 3:02 PM
    • 1,879 Posts
    • 4,111 Thanks
    Cheeky_Monkey
    Why? Do you think you've received all possible advice? You haven't!
    Originally posted by G_M
    He more likely wants it closed because he doesn't like the advice he's been given
    I used to be indecisive - now I'm not so sure
    • hazyjo
    • By hazyjo 16th Sep 18, 6:21 PM
    • 11,080 Posts
    • 14,626 Thanks
    hazyjo
    What you have to realise is, you're effectively borrowing that £100 from your landlord. People seem to think it's just extra dosh for them and they don't actually need it or rely on it. Would you ever actually dream of asking him to lend you money?! Because that is exactly what's happening! It's his money, not yours.
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes; Thai cooking stuff; Jo Brand talk; Slime Factory; Flawless tickets; Comedy night tickets
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