Advice please

[bub1]

Hi Everyone,

 

I got in arrears with my rent and made arrangements with LL to pay off with normal rent.

 

He now has an accountant doing his books and they are on my back to pay off quicker.

Also my bank didnt send rent payments to LL on days due (it was still sitting in my account) the accountant wrote(email) and said that the rent had not been received. This was for end of October and end of November.

 

Well I had checked my account and as soon as I had noticed it paid it by Direct Bank Transfer on both occassions. I have receipts and have emailed back with the dates paid.

 

I am upping my payments for arrears to the LL at the end of Jan 2012.

 

Can the account hassle me, they said it is not looking good. I have written agreement from LL re: arrears.

 

Also my LL renewed my contract at the end of October 2011 for another year. AST.

 

Can the accountant take action against me?

 

If the LL was thinking of evicting me would LL have renewed contract for another year?

Thanks

Edited January 9, 2012 by bub1
missed off

[R J Dearden]

Firstly the landlord cannot instigate the first process of any action to evict you unless you get into arrears by two full months (if your rent is payable monthly) or 8 weeks (if payable weekly). Any action is a lengthy and precise process in any event even prior to getting the case to court.

 

I doubt the accountant has any knowledge of Housing Act law and stating "it is not looking good" to me sounds like a scare tactic. I personally would inform the accountant (if they contact you again) that as you are paying off the arrears and have a fixed term contract with security of tenure they can stop hassling you.

 

You are doing the correct thing by paying off the arrears and you have the security of a fixed term contract until the end of Oct. The only way that the tenancy can be terminated is by mutual consent (surrender), there is a break clause in the contract for landlord or tenant to serve notice within the fixed term (these are rare and not part of a std AST contract) or the landlord obtains a court order to evict you which is a lengthy process and must be upon certain grounds (for instance rent arrears indicated above)

Edited January 10, 2012 by R J Dearden

[bub1]

Hi, my arrears are more than 2 months but the landlord and I have an agreement about it and I have been paying it off with the normal rent. The arrears payment is being increased at the end of Jan anyway. I have been in this house since Jan 2007. The landlord knows that the arrears payments are being increased at the end of Jan and we have agreed and amount. The arrears as stated are more than 2 months in arrears but have been for a while but are being paid off. Agreed by myself and LL. No other payment in rent has been missed nor arrears payment been missed.

 

Anyway as i said the payments they were referring to was paid as soon as I noticed it was still in my account. This was done by direct bank transfer.

I also know that the accountant doesnt work all the time for him and is back this week.

 

Also as mentioned before the contract was renewed at the end of october 2011.

 

Surely if the LL wasnt happy he wouldn't have renewed the contract?

Edited January 10, 2012 by bub1
missed off

[R J Dearden]

Indeed the landlord should not have renewed if wasn't happy. The landlord may have employed the accountant to ensure the rent arrears are met but it maybe worth informing the accountant next time they contact you that you have an agreement in place for the arrears and what this agreement is.

 

Is the agreement between you and the landlord to pay off the rent arrears in writing or on email? If not it may be prudent to confirm any conversations and verbal agreements in writing to the landlord should there be a change of heart and the landlord decides to start proceedings.

Edited January 10, 2012 by R J Dearden

[bub1]

Hi, it is all done by email but I have printed off and kept copies. Except contract of course.

The accountant has been informed of the agreement and also the LL said he would let them know. When I emailed the accountant back and gave dates about the so called missing payments it was all done through LL email address so I can only assume they work from his address at certain times. The LL emailed back and said that they would let the accountant know and then they would check. I did say I have my receipts and would send copies if necessary.

I also know that the accountant has only been doing the books for 2 years, as they quoted I have been doing ...... books for nearly 2 years and have noticed arrears on your account.

I can say I am not what I call a problem tenant I do not call my LL for the slighest thing like some would do only if there is an emergency like last year when the heating was packing up and we had no heating and limited hot water then it took the LL 6 weeks to sort out and that was when we had that really cold spell. Then when the fence fell apart my son done it to save LL costs of labour and all he paid for was the materials. So I wouldnt say we were a problem tenant either.

 

May I also say that in all the emails I have had from the LL he has not once mentioned the rent/arrears or that he is not happy.

When the riots were on last year he even texted to ask if we were ok as we are near one of the areas that was hit.

 

Should I be worrying? I cant sleep and am panicking. I have checked that rent money that was due at end december has come out but not sure when it will show on their statements. As the accountant only quoted the missing payment that showed on 6th december and there was another one paid after that.

 

I do get the impression though that the LL is not telling the accountant the messages I am giving him.

 

Should I be panicking? If it were to go to court where will I stand? I havent been issued with anything and am paying the arrears off as promised.

 

I am serious about paying them off and to try and get it done quicker am selling things that are not needed or not been used in a long time.

 

Thank you for your help.

Edited January 10, 2012 by bub1
missed off

[bub1]

Another thing is there any legal reason LL would renew the contract if LL wasnt happy?

 

Plus I am dreading Friday when accountant is back in because of the emails. Do I have to answer straight away or can I leave it till I think they have finished for the day?

 

Thanks

Edited January 10, 2012 by bub1
missed off

[stu007]

Hi bub1

 

Something else to bear in mind your agreement is with the Landlord not his Accountant.

 

Also I would inform the accountant that unless you recieve written from the Landlord stating that this accountant has the Landlord Authority to act on there behalf on any issue with (Property Address) you refuse to discuss anything with this accountant until you recieve the request written notification from the Landlord.

 

Just a suggestion

[bub1]

Thank you. LL never said he had an accountant doing his books first I knew was when i got email from LL email address stating about arrears which was back in sept and saying I have looking after...... books for nearly 2 years.

So I naturally assume it is an accountant. Who else would it be?

Should the LL have notified me that he now had an accountant doing his books? I have always dealt direct with the LL before this.

[stu007]

Hi bub 1

 

I would suggest not emailing but writing to the landlord politely and pointing out your arrangement that was agreed and if the landlord authorizes someone else to contact you on his behalf about anything to do with your tenancy your could they forward a letter from the landlord stating who this individual is and that they have authority to act on the landlords behalf.

 

If this is not forth coming I will take it that you the landlord alone are dealing with all tenancy issues and therefore anyone else contacting me will be refused any information whether it be by phone, letter or email.

[bub1]

I will do that thank you.

 

I still don't understand though that if LL wasnt happy why he renewed contract and hasnt said anything himself.

[R J Dearden]

If you are complying with the agreement made with landlord over the rent arrears payments I would ignore any emails from the accountant or if you prefer reply to the accountant requesting they stop harassing you as you are fulfilling your side of the agreement with the landlord to pay off the arrears.

[bub1]

Hi, Yes I am complying with the agreement made. So there is no problems there. If I wasnt it wouldnt be up to the accountant to get in touch with me surely it would be the LL as the accountant only does the books?

[mariner51]

Accountant could just be posh job title for account manager or bookkeeper or even secretary/PA.

We cannot determine this person's job responsibilities but they could include the actions to which OP refers.

Account mgr etc may be best placed to send rent reminders and statements to Ts acting on behalf of LL

MAs do it all the time!

 

Only formal Notices and Court applications should be signed by LL IMO

[bub1]

I am still in a panick. What if they decide to issue section 8 what can I do about it. I am paying off arrears and I am going to up the payment at the end of January. If they issue it I will have nowhere to live.

I am only saying this as the person sending the emails is very rude. I still dont understand (I amy be a bit thick on this part) that if the LL was thinking of serving this then why would he renewed the contract would he not have renewed it and then just served notice to quit as the contract would just roll on.

 

How long is the process once it has been isssued and if i am showing I am paying arrears as best I can with the rent would the court issue pocession order?

 

Something else I notice from re-reading the emails the said person said that my payments were DD I pay by standing order so surely this would show as SO?

 

Sorry if I keep going on about it, but I feel so panicky and cant sleep because of it all and feel that I cant enjoy living here now and worry when I see an email from the so called person especially tomorrow when they are due back in.

Something else, all payments go into LL personal bank account and on contract it has the LL personal name yet, email is from [email protected] also internet searches show Ltd co etc., should this not be shown on contract and reg company number etc.,

 

Should payments not go into a company account.

 

Thank you

[bub1]

Sorry to be a pain lol.

On going through my paperwork I notice that the last Gas Safety Certificate was for 2006. The boiler is under regular service and breakdown now since last year through British Gas, when they fixed the heating then would they have issued a gas safety certificate to the Landlord or is this a different thing and if one was done would I have to have a copy legally?

 

Thanks again

[R J Dearden]

I would not be too concerned if you complying with the agreement made with the landlord. You have a written agreement over the payment of the rent arrears and as long as you are complying with the agreement IF the landlord decides to go legal I would state (but not categorically) that the judge may well throw out the application for possession on the basis that the previous agreement was being honored.

 

If the landlord does go down the S8 route, firstly you have to be at least two months in arrears (8 weeks for weekly payments) at the time that the landlord serves the notice.This informs you that they will start legal proceedings within 14 days. Then the landlord has to complete court forms and send them off, they are processed and you are written to and asked for a defence/repsonse, and there MAYBE a court hearing after that. From the serving of the S8 it is usually months (at least 2 or 3 or possible 4 months depending on the court) until the date of hearing. From the hearing the judge will decide whether a possession order is given or not - if so a further 14 to 28 days depending upon circumstances.

 

The landlord should provide each named tenant on the tenancy agreement a valid Gas Safety Certificate - did the engineer not leave one with you? If not request a copy from the landlord as they are the one that has to ensure that the tenant has a copy.

[bub1]

Hi, Yes, I am complying and agreement was by email. I am putting up arrears payments at the end of Jan to. I am more than 2 months in arrears, but this is back from a while (2009) I have been paying these off since then, I could only pay a little then toward them and have put it up when money became available even if by a little. So the LL knows I am paying.

 

Is there not always a court hearing then?

 

Will ask for copy of gas certificate.

 

I have also this afternoon drafted up a letter to LL stating that I am still going to pay off arrears and will attach an agreement form stating amount that will be paid each month and when. A copy of which I will ask LL to sign and send back to me and also for them to keep copy. This way we have a hard copy rather than just emails and printed off emails. is that the correct thing to do and should I make a trip to the CAB and ask them to check it over before I send it.

 

Thanks for your help again.

[R J Dearden]

I would get the CAB to check any correspondence prior to forwarding - it cannot do any harm.

 

Yes there is usually a court hearing as long as:

 

The landlord or their solicitor have completed the correct forms and all their paperwork is in order.

 

As you would probably defend any such action on the basis of an arrears agreement in place and that was complied with the judge MAY decide not have a hearing on the basis of wasting the courts time or MAY ascertain that this is fact correct from both parties at a court hearing before dismissing the case. Always difficult to say what would happen but judges do not like making people homeless.

 

I would not worry about this as any legal action by the landlord MAY never happen. IF something does happen there is lots of time to deal with it correctly at that time.

[bub1]

The saga goes on. No gas certificate in place. They are now saying they have not had decembers payment, so I am chasing the bank as it left my account.

Plus have not had new contract since 2006 .

 

What happens now?

[R J Dearden]

Inform the landlord that you are checking the bank at your end as it has left your account but get the landlord to confirm the account name, account number and sort code that the payments need to made to. If the bank details are correct inform the landlord that is what you have and you will inform them of the outcome of the bank's investigation into why payment has not reached them.

 

If your original contract was an Assured Shorthold Tenancy, once the fixed term expired it automatically falls into a month to month tenancy or statutory periodic tenancy (same thing). If your rent is paid monthly then the landlord needs to give 2 months notice from the next rent due date to serve notice to vacate and tenants can serve one months notice again effective from the next rent due date. The original terms and conditions of the original fixed term contract still apply except for the notice periods mentioned. If the landlord provides another fixed term contract or contract extension then this supersedes the previous month to month contract and unless there is a break clause the contract is fixed until the end date.

Edited January 13, 2012 by R J Dearden