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Late rent and trouble with landlord


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Hi

Hoping someone can help us, we have been renting our home for 2.5 years now and our rent is £500/month payable on the 1st.

 

Due to my husband losing work and me getting paid 4 weekly it has made things a little difficult of late and our last 2 rent payments were slightly late (a few days) and the landlord stated he had £35 bank charges for each late payment due to his mortgage payment going out the same day (the 1st) so we paid these charges too.

 

Our rent is again due tomorrow but I do not get paid until friday 4th, then next month I don't get paid until the.

I contacted by text, our landlord on saturday to explain and today i receive a text stating :

 

'This does not suit us, your contract states payment by the 1st of each month. we have charges of £75 outstanding from this month due to late payment and this could have an effect on our credit rating and we cannot accept this. Please ensure payments are in as required or we will terminate your tenancy. As mentioned previously setting up a direct debit would resolve these issues'

 

We actually do not have money in the bank , a direct debit wont solve it until after december as it will just bounce anyway.

 

Please can someone tell me where we stand with this, not sure what to do :|

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It states that the rent is payale in advance by euqal monthly payments on the 1st day of each month.

 

Later it states 'if the tenant is at least 14 days late in paying the rent or any part of it then subject to any statutory provisions the landlord may recover posession of the property and the tenancy will come to an end'

 

I hate tenancy agreements, too many clauses and acts etc etc

 

No mention of fees/charges.

And we have had no proof of charges, i have requested them now but know it will prob make it all worse

 

:???:

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Good news & bad news.

Bad news - LL is entitled to receive rent on the 1st of month (cleared funds credited to his account on 1st)

LL could levy interest at 8.5% pa max on outstanding debt, ie ~£10 for each week £500 rent is outstanding.

Good news - Scale of charges for late payment not provided in advance. OFT dislike late charges for rent but allow credit cards to charge £12 / month.

The 14 day rule cannot terminate T. Normally it indicates a period after which full recovery of debt may be sought.

You are not resp for LLs mortgage payments, though default on his part may eventually put your T at risk.

Repeated late payment of your rent may allow LL to quote you as a consistent late payer in any repo action.

You need to find a way of having sufficient funds in your account to pay months rent on 27th of preceding month so they appear in LL account by 1st.

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My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

Bear in mind that if you are a shorthold tenant, with a periodic tenancy, you can be evicted from the premises by simply being given 2 months notice, in writing, taking effect after the initial six months ends (expiring on the last day of a rent period). No reason has to be given. Where a dispute arises, concerning any matter, the landlord can simply end the tenancy in that way.

 

 

The landlord can give a section 8 notice (if the tenant is in breach of the tenancy agreement), or a section 21 notice (a no-fault notice to vacate).

 

To be valid, a section 21 notice must give the tenant at least 2 months notice, and a section 8 notice must give the tenant at least 2 weeks notice (or 2 months in some cases).

 

These notices are explained in more detail in the FAQ -

 

Shorthold Tenancy - posession, eviction and notice

 

If notice is given, the tenancy continues until the tenant moves out or the court bailiff executes an eviction order.

 

The landlord can only apply to the court AFTER the notice period has ended. A section 21 claim can be a quicker way of getting the tenant out, as there is no court hearing.

 

 

Section 8 Notice

 

This is a notice given by the landlord under section 8 of the Housing Act 1988. It's explained in more detail in the FAQ -

 

Shorthold Tenancy - possession, eviction and notice

 

The various grounds on which the landlord can give a section 8 notice are set out in full in Schedule 2 of the 1988 Act -

 

http://www.legislation.gov.uk/ukpga/1988/50/schedule/2

 

A tenancy can be ended by such a notice if there are (or have been) rent arrears. This notice (called a "section 8 notice") can be less than 2 months duration in certain circumstances, which are summarised in the afore-mentioned FAQ. Often, only 2 weeks notice has to be given before court proceedings can be started.

 

Further information about the Section 8 grounds under Schedule 2 of the 1988 Act.

 

Grounds 1 to 8 are mandatory [s.7(3), Housing Act 1988]: if the ground exists when the section 8 notice is served AND when the case is heard in court, the judge supposedly can't refuse possession. In reality he will typically give the tenant extra time to comply with the requirements.

 

The other grounds are discretionary [s.7(4), Housing Act 1988]: the judge can decide that the tenant's breach of contract is not severe enough to warrant evicting.

 

A notice given under section 8 is invalid unless it's in the prescribed form. Form No 3 prescribed by the 1997 Forms Regulations must be used for such a notice. A facsimilie of the form can be viewed at:

 

http://www.legislation.gov.uk/uksi/1997/194/made

 

The Section 8 procedure is summarised at:

 

http://tenancyanswers.ucoz.com/index/ast_tenants_in_breach_of_contract/0-36

 

 

I recommend that you contact the Citizens Advice Bureau:

 

Find your nearest CAB office

 

 

For debt advice, I recommend that you contact -

 

• National Debtline (for England, Wales and Scotland):

http://www.nationaldebtline.co.uk [Tel 0808-808-4000]

 

• The Insolvency Helpline:

http://www.insolvencyhelpline.co.uk

Edited by Ed999
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