My tennant has been paying the rent in two halves. Half on the due date and the other half later in the month. They said it was a standing order error and would sort it as their wage structure had changed. However this was never done and when asked to pay the rent in full on the due date I was told this was how it was going to be as this was more suitable for them and shouldn’t be a problem. The rent has always been paid in full by the end of the month and they’re on a periodic short hold tenancy as they wouldn’t sign another ast. Is this a breech of tenancy agreement?
What does your contract clause read regarding rent payment ?
I just says the rent is to be paid on the 4 of every month and until terminated by either party serving notice on the other in accordance with the agreement. I have served notice once a year ago but they didn’t move so served again a month ago.
In essence if they don’t pay in full on the 4th then yes they are a persistent late payer.
They do have a contractual obligation.
When you say you served notice do you mean a s8/s21?
If you served a s21/s8 and they have not moved in 12 months you would need to go to court but your s21 expired after 6 months if it was a s21.
Do you need to evict them if you in fact get the rent in full?
If you need it on a specified date then if your contract permits late payment interest then charge it but for the few pence is it worth it ?
They don’t need to sign a new AST if they don’t want to . Why do you need a new AST?
I wouldnt see the late payment as a problem, but I would monitor it closely each month to make sure theres no defaults.
Its not in your interest to ask the tenant to sign a new agreement, so you dodged a bullet.
To be honest the tennant has had EH around and refused a rent increase once, then took me to a tribunal the second time I tried to raise the rent. I’ve spent thousands rectifying complaints. I look after my property well and hate the way they complain about it. I couldn’t afford the solicitor’s fees first time round and have saved this time so will be going to court if they don’t move. Was wondering about the rent as I’m sure they will be going to court to make things difficult. So I will be using that as reason to get possession order.
Ok, well thats different. Id be raising the rent to market levels and evicting for non-payment.
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