Rental Arrears

[Guest Blagger Boy]

Hi,

 

I have a friend who needs some help concerning rental arrears on his flat.

 

Today, he received this email:

 

Dear ****

 

I am e-mailing to confirm I have taken over the management of your flat recently from ****.

 

You should have received a letter a few weeks ago advising you of this.

 

I have spoken to **** regarding your rent arrears and she advised you have an arrangement to pay £5.00 every two weeks. The rent arrears on your tenancy is currently £363.00, only two payments of five pounds have been made in the last nine months. It is essential regular fortnightly payments are made to avoid further action which could result in the loss of your tenancy.

 

At the moment, he receives ESA benfits that entitles him to around £113 per week, so this all goes on essential living costs. His rent/tax is covered by housing benefit.

 

I'm going to help him reply but wondered where he stands legally with regards to court action, eviction notice etc.

 

Any help will be greatly appreciated.

[Lea_HTH]

How much is the rent? Is there a shortfall between the HB and the rent?

 

He's currently got an exceptionally good deal, so he should stick to it. If legal proceedings are started, depending on how many weeks of rent the arrears amount to, there is a possibility of a suspended possession order, or, at best, an adjournment on terms. The former would mean that costs would be added, the latter that costs would likely be reserved - but in both cases, the court would order the minimum payment made towards the arrears, which is currently £3.60 per week. So your friend, being asked to pay £5 per two weeks, is currently underpaying the minimum the court could award the LL, by £1.10 per week...

 

It makes no sense for your friend to try and make a fuss about this - pay the £5 per fortnight or expose himself to potential court proceedings, a possible suspended possession order (I doubt outright possession would be given), potential costs, and a higher weekly amount to pay.

[silverfox1961]

Hi and welcome to CAG.

 

While I am no housing expert I do know that people will get evicted for rent arrears. I think it is essential your friend makes a commitment to clear these arrears as soon as he can.

 

By showing that he can take responsibility for clearing the arrears will help show the property owner that he is serious about it.