3 month Rent arrears

[NotMe01]

Hi there,

 

Could someone please advise me. I'm in arrears for 3 months rent on a 12 month lease. I paid 12 months upfront for the first year and am late 3 months on the second year. I have received a letter from the landlords lawyer stating that if I don't pay the whole 12 months within 10 days that they will take further action. I did sign the lease for a further 12 months and am expecting payment from my employer which is late. This has caused my inability to pay the rent. How long do I have until I get evicted? Many thanks in advance..

[mariner51]

Commercial or residential Lease?

Rent due frequency?

[NotMe01]

Commercial or residential Lease?

Rent due frequency?

Hi there. Many thanks for your kind reply. It's a residential lease on a yearly basis. I paid the first year in full and upfront. I also signed the second year extension 3 months ago in July, which is due upfront again. I am due a payment/fee from my employer. This is an international payment that has been held up in compliance. As a result I am 3 months late on paying the 2nd year lease renewal. Very embarrassing but it is what it is I guess. Any ideas? Thanking you kindly...

[Consett26]

When you say "lease on a yearly basis" do you meant that the fixed period is a year or the rental period? What exactly does the tenancy agreement say? If, as I suspect, its the fixed period that is a year, what does it say about the frequency of rental payments? This information will be key to any advice that people will give. Also, can you confirm that this is an assured shorthold tenancy or, if not, exactly what it is

[NotMe01]

The lease was for an 12 month period. Fixed. There was a extension option for a further 12 months. I paid the first year upfront. I was asked towards the end of the first year whether I wanted to stay and I replied yes and duly signed the 12 month extension. Unfortunately the payment for that year hasn't happened yet due to my inability to pay. This is due to a substantial fee that I'm due to be paid by my employer being delayed. I have every intention on paying and have communicated this to the landlord. I obviously showed positive intent by signing the lease extension. Hope this makes sense. Many thanks again...

[Consett26]

Yes it makes sense but you're not answering the question. Does your rental agreement say that the rent is due annually in advance or does it say (e.g.) monthly in advance but you happen to have paid for the whole year even though it wasn't due. This, potentially, has a huge impact on your situation, as does the type of agreement that it is - is it an assured shorthold tenancy or something else?

 

Just a thought - you are in the UK aren't you?

[NotMe01]

It does state a year payable in advance and a shorthold tenancy...Apologies for not making that clear...

I am in the UK..

[Consett26]

No, its ok, its just that I know that the rent payment period is relevant to eviction notices for arrears. I'll leave it there because there are others better informed than me who should be able to help

[mariner51]

Sounds like OP initially signed a 12 month fixed term AST and paid 6 month rent in advance, rather than a CPT (Contractual Periodic Tenancy), then signed a new AST on same terms.

How soon can OP pay 1 year rent as reqd, or at least clear rent owing. LL won't wait much longer IMO

Until we, or a qualified Solic, can read the signed Agreements I doubt we can offer further advice.

Why did he sign new AST without nec funds in his account?

[CTRL-H]

If you have no income, as you have not been paid, can you claim housing benefit as a stop gap? This may give you enough funds to pay LL something. Can you pay LL anything? It will take a few weeks for HB claim to be processed and any housing benefit must be paid to LL.

 

Are you a private tenant or from a social landlord/council? If I remember correctly LL can have madatory ground for private repossession for 8 weeks late with rent, but as implied above the rent payable a year in advance may have a bearing on the notice period you would be expected to get.

 

Good luck

[NotMe01]

Many thanks to all. Your help and feedback is much appreciated. All the best...