Tenant Rent Arrears and Section 21

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Hi

Unfortunately we have had a number of problems with the tenant of one of our properties regarding rental payments or the lack of. When they moved in they paid the first month’s rent of £450 but since then have only made one payment of £120 and produced a number of excuses for non payment and are now claiming they are dealing with solicitors as we chose to inform them we would not renew their tenancy when the 6 months end on 4th September due to the arrears and lies.

Last month we still paid the landlord £450 even though we hadn’t received it from the tenant, as a gesture of goodwill while we attempted to resolve this matter but as it remains unresolved and no further payments have been received so we’re unable to make any further payments to the landlord. We are continuing to pursue this matter and retrieve funds which we we’re told by letter on 31st May would now be via weekly £120 payments for the arrears and housing benefit payments for future rent from 1st June 2012 but yet again, the tenant has lied to us and no payment of £120 was received 1st June 2012 or any time in June to date.

We really could do with some urgent assistance and/or advice on this matter. Can you or someone there please assist?

To fully explain the situation, I have documented below what has happened since the day they moved in using the notes I’ve made on the account through the whole process. The early comments to relate to other subjects but I thought it best to give you everything on the account just to be sure.

• 02/03/12 - Moved in tenants. Wife has recently been diagnosed with cancer. Property is in ideal location for Hospital where chemotherapy treatment will take place. They paid £450 for first month’s advance rent. They asked for feed for dishwasher. Text landlord who agreed and passed job to plumber 05/03 to arrange.
• 06/03/12 - Tenant reported no water getting to washer and no hot water in shower. Passed to plumber to look at while doing dishwasher connection. Advised landlord.
• 08/03/12 - Washer working. It was isolation valve they had not turned on. The plumber is there now and shower element has gone. Will be £100 for new element or £120-£130 for new shower. Informed landlord. Awaiting reply.
• 08/03/12 - Landlord said to sort whatever was easiest so advised plumber to fit new shower. Informed tenant.
• 12/03/12 - tenant chased up new shower. Spoke to plumber who is hopeful of booking job in for tomorrow. Informed tenant.
• 16/03/12 - Tenant rang as can't get hold of plumber and needs shower sorting urgently as wifes chemo has started and needs to shower now. Spoke to plumber who reckoned would get parts in at PTS on Monday 19/03 but asked him to get them sooner if possible as he should have gone at start of this week and didn't so needs sorting before end of weekend ideally.
• 16/03/12 - Plumber called from property. In process of fitting shower. Had to get a dearer one from elsewhere but he will take the hit on the extra cost. Will not have time to connect dishwasher but will arrange with tenants to do it asap, probably next week.
• 20/03/12 - Plumber called as due to visit today and sort dishwasher connection but steering wheel fell off van tonight so only collected this morning around 11am and is running late. Will still get to this property but later than arranged. Have text tenant to inform.
• 21/03/12 - Tenant left message to say water gushing out of stop tap. Text plumber who had also had call from tenant and he was on his way to sort.
• 29/03/12 - Text sent for rent due 05/04/12.
• 05/04/12 - Text sent for rent due today asking for payment by 5pm.
• 05/04/12 – Made payment of £5 to landlord being first month’s rent of £450 received from tenant when moved in 02/03/12 minus our finders fee of £250 and invoice for new shower and dishwasher connection of £175.
• 10/04/12 - Following text received from tenant this morning "Morning lee its tenant just to let you know my bank has sent the rent but it takes 3 working days to get to u so with the bank holiday its not gonna be with you till thurs i have now amended this so it will come out on the first of every month sorry if ive caused any inconvinence hope you've had a good easter thanks".
• 13/04/12 - Still no rent via Standing Order so informed tenant by phone. He will try and call bank when gets back from hospital where he's been with wife to see consultant. Will get cash in to me next week until resolved.
• 16/04/12 - tenant text, is bringing rent in tomorrow. His bank say they paid it but we didn't get it and he's claiming it back from them.
• 17/04/12 - Tenant text. Has got indemnity claim in for rent that went missing from his account and can't have overdraft so will be Friday 20/04/12 before can pay rent overdue from 05/05/12.
• 20/04/12 - Tenant text to say will be in at 1630 to pay rent. He did not turn up. Text him to say he must now pay it via online banking on Saturday 21/04/12 or ask his bank to transfer money to us that night as rent now been overdue 15 days.
• 21/04/12 – Tenant text to say has asked his bank to pay us the £450 rent. He said he is now £900 down as the bank say they paid us 10/04/12 and now again on 21/04/12. Confirmed to him we did not receive the first rent on 10/04/12 nor this latest one.
• 26/04/12 – Informed tenant we have not received either of the £450 payments he claimed his bank made 10/04/12 and 21/04/12. tenant finally found out his bank have been paying his old landlord the monies he claims to have paid us 2 x £450. He has spoken to old landlord to get it back and will come in on Monday 30/04/12 to pay the arrears and next one that will be due 05/05/12.
• 30/04/12 - Tenant been assured by his bank the £900 is on its way back to him and as soon as it is he'll pay us. Told him can't pay landlord this month if don't get the arrears of £450 by end of today.
• 01/05/12 – Even though we had not received any rent from tenant so far, despite above claims, we made a rental payment of £450 to landlord on rental run today as a gesture of goodwill whilst we continue to chase tenant for the rent. This is intended to keep landlord happy and show trust to tenant that what he says has happened is true and he will indeed be paying us the arrears and next rent very soon.
• 02/05/12 - Tenant text to say still not had money back from bank but gets paid 07/05/12 and says will be able to pay £900 then for arrears and next rent due 05/05. He then replied saying it would be all the rent on that date if not before.
• 04/05/12 - Text sent reminding tenant we need £900 07/05/12 for arrears and next payment due 05/05/12. I then sent tenant another text to say bring payment in on 08/05/12 instead as 07/05/12 is a bank holiday.
• 09/05/12 - Tenant did not bring rent in 08/05/12 as promised (07/05/12 was bank holiday Monday) and he sent text saying was working until 8pm and same again today but will bring it all in on Friday 11/05/12 with cakes. Replied saying I can't hold landlord off any longer as yet another promised payment date has gone with no payment and asked if someone can bring the money in for him. He replied saying will try but probably Friday earliest and said won't be a problem anyway as checked out the Section 21! I replied telling him it’s a notice for the landlord to get a property back when required, without reason, as long as 2 months notice is given. Told him even though no reason is needed, he has given him reason to serve it and we will do so, giving the relevant notice, if rent not here ASAP.
• 10/05/12 - Tenant text saying will come in office tomorrow at 1pm to pay arrears.
• 11/05/12 - I text tenant for when he is coming in and got this reply "HI LEE ITS TENANT RIGHT WHERE TO START FIRSTLY I WANT TO SAY SORRY TO YOU AS I LIED TO U LAST WEEK I DO GET PAID ON THE 7TH BUT IT WAS ONLY A WEEKSPAY THE RENT WAS SENT TO U BEFORE WHEN ITWENT TO MY LAST LAN

06/06/2012 00:00

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