Attempting to resolve rent arrears

[magickat]

My brother rents a house from a private landlord with two friends. A months deposit was paid as well as a months rent in advance when they moved in at the end of last year. Unfortunately, due to one friend losing his job there was an issue with his share of the second months rent but the landlord was very good about it and gave extra time to pay etc. An agreement was reached whereby they paid an extra couple of weeks rent when able to extend the official rent due date each month and so from the third month they started afresh and paid that month in full. However, it was only at this point that a contract was signed, for 12 months. the tenants signed and had it witnessed and returned both copies to the landlord for her signature. Neither copy has ever been returned to the tenants and this was several months ago.

 

An arrangement was made to allow weekly payments of rent and this has continued. A couple of times the landlord contacted my brother via text to chase up rent and efforts were made to pay. Last week an arrears figure for the last 2 months was provided by the landlord, saying it needs to be sorted asap or she will be forced to serve notice. My brother queried the amount and landlord agreed they had paid more rent than initially thought, but there were still arrears. She also pointed out that looking back there were further arrears and she would provide a final figure.

 

My brother is still waiting to here and is very concerned. He spoke to the landlord and said he would do whatever possible to pay the arrears as soon as possible and is desperate to stay in the house. In many ways the landlord has been very helpful during his tenancy and my brother hopes to keep a good relationship, but also raises a few valid points - concern over the fact that the contract has not been returned, if arrears have been accruing for sometime why are they only being sought now - should some letters have been sent when they began? All communication has been done by text and/or phone - does this have any bearing on things? They have an AST which still has over 3 months to run, does this affect anything at all?

 

Any advice greatly appreciated, obviously we will know more when the landlord replies with the actual figure etc. I should also say that my brother has said to the landlord that he would like to reach an agreed weekly payment plan to cover due rent and reduce arrears.

[raydetinu]

You should always get receipts for any monies paid! so there can be no dispute and it keeps records straight.

Or each time money is confirm what has been paid via email.

How do you pay, cash, cheque, direct to bank?

LL should give you a copy of contract, ask for it. Lack of contract does not alter legal position.

Also deposit should be protected in a scheme, LL should have given you details and reference no within 30 days of it being paid! she is now open to being taken to court if not provided or late in providing info.

LL can issue S8 over late rent or arrears? ( notice of repossession ) so sort out as quickly as you can and get agreement in writing if paying back in instalments.