Help needed with rent arrears situation

[help_2015]

Hiya,

 

I posted on the Self Employment Forum regarding help for my sister and someone pm'd me some great help so hoping someone on here can help as well

 

In a nutshell my sister suffered a violent attack and has not coped well with it, this has led to her missing work and now she has rent arrears- on Tuesday 10th it will have gone onto the 2 months

 

Now we are able to help clear that in full by Monday 16th + another months so will be ahead by then.

 

I am going to write to the LL with her over weekend stating this - is there a template for this? but my concern is that he will launch proceedings on Tuesday, if he does and it is paid on the 16th can we get it stopped?

 

Some additional points ( not sure if they make a difference )

 

- She moved in July to the property and is on an Assured Shorthold Agreement

- The deposit has not been protected under the deposit scheme- we now this as not showing in any of schemes and she has asked in writing 3 times and not had it or certificate

- the contract states LL can evict at anytime with 21 days notice but not sure how legal that is?

 

Any help is massively appreciated

[mariner51]

A template letter may not convey the necessary contriteness and apology to the LL. for late rent.

Just explain reasons in your own words calmly & politely, but not OTT.

Don't react by mentioning app lack of deposit protection. If true, LL will not be able to serve valid s21 and mentioning it now may suggest T is only interested in the compensation. She has 6 yrs from date deposit should have been protected to bring a claim.

[help_2015]

Many thanks for the reply,

 

I will get onto that today!

 

With regards to the protection I have again just checked all the deposit schemes with the details and all of them so no deposit can be found with the details supplied

 

If the worst case scenario and the LL starts proceedings but then it is paid on the Monday 16th - and as I say + one months rent- will the proceedings automatically stop? I am concerned with the stress of her being forced to move will have on her - I do not rent so not very good with the procedures

[mariner51]

If LL proceeds to Court with s21, repo is mandatory and sister may have costs (~£280) awarded against her.

If 2months rent is owing on 10th, payment of 2 month rent tomorrow (Mon) may persuade LL not to proceed

s21 requires 2 months from date of Service before it can be taken to Court. Rent only needs to be in LLs hands/account on due date, so no point in being in credit with LL (put it in the bank).

I certainly would not delay any payment until the 16th

LLs are happiest when due rent is received on due date. An apology for any late payment can only help IMO

[help_2015]

Hiya,

 

The reason it was the 16th was that is the date I am able to help her and pay for it

 

In your post above you stated that if deposit not protected LL cannot proceed with S21, is that not the case then?

 

Appreciate the replies and yes obviously see it from LL point of view as well

[mariner51]

If deposit not protected LL cannot serve valid s21 (something often not known to LLs) but the time to mention it is at Court hearing when Judge will throw out LL application and LL will have to re-serve s21 after returning deposit to T.

If mentioned now, LL can return deposit and then serve valid s21 imm. resulting in mandatory eviction by Court Order about 3 months from date of service of valid s21. No LL likes to feel blackmailed by T, even if deserved.

[help_2015]

Okay thanks

 

So if a valid S21 is served how much notice is required?

 

I am sorry for all the questions, I am trying to help but out of my depth here a bit

[Lea_HTH]

If there are two months worth of rent arrears LL can serve a s8 on mandatory ground 8 (and will likely include grounds 10 and 11) too - and he can do that the day the rent is at least two months in arrears (i.e. in most tenancies this would be exactly one month and one day - rather than two full months - as rent is due in advance).

 

s21 issue is therefore a misnomer in this instance as it is unlikely the LL would bother with a s21 when he has mandatory grounds that are effective two weeks after the notice is served. It would not get thrown out on the basis of the deposit not being protected, and even if the OP pays the arrears before the hearing, the LL can still request a PO on the basis of grounds 10 and 11 - at the discretion of the judge. At the very least, the judge is likely to order an SPO, to protect the LL from having to return to court if tenant then falls behind again.

 

None of the above dismisses the non-protection issue of the deposit, however it is not a defence in a s8 claim for possession.

[help_2015]

Many thanks with the help

 

Just one question,

 

What is an SPO?

 

I have written to the LL with her basically stating I am able to pay all arrears on the 16th and explaining the situation and that going forward she has been accepted for HB which will cover the full rent and happy for it to be paid direct to him so would have no further issues

 

Have also said I am happy to act as guarantor for added security if needed

 

Hopefully will be enough, what she has gone through is awful, I just wish she had come to me sooner but there you go

[Lea_HTH]

Hopefully the LL will see your offer is a sensible one and accept it.

 

An SPO is a suspended possession order - nothing further will happen if whatever terms are agreed for the suspension are stuck to, but if they're not, it acts as a possession order and LL can proceed straight to obtaining a warrant of execution.

[help_2015]

Hello all thanks again for your replies,

 

LL has agreed to me paying the rent arrears and moving forward with the plan in place which is great news! So many thanks again

 

One question though

 

In his letter he has actually addressed the deposit scheme protection himself in which he has said

 

"With regards to the Tenancy Deposit Scheme, although we registered with them, after the late payment we have withheld the registration until the payments are regulated. The moment you comply with the tenancy agreement your certificate will be issued"

 

From my understanding that is completely illegal isn't it? I thought the deposit scheme was a seperate entity you could not just alter like that

 

Would have thought as well if it is against the rules the LL putting it in writing like that was not a clever idea

[mikeymack2002]

When the tenancy was taken out there were no arrears and you were up to date with the agreement. This is when it should have been protected. Not some time after the event...

[help_2015]

When the tenancy was taken out there were no arrears and you were up to date with the agreement. This is when it should have been protected. Not some time after the event...

 

Thanks that what I thought,

 

Did not think you could withdraw it either until end of tenancy

 

In my mind confirms it never has been really

[mariner51]

Let the rent arrears situation with LL settle first. Don't sweat possible deposit non-protection claim yet. Sister has 6 yrs + 30 days from date deposit was received, to take such a claim to Court.

Quite possible T (like many) delayed deposit payment at start of T if 1 month rent + deposit required at start.

[help_2015]

Hiya Mariner51

 

Yeah was not going to as at the end of the day want her to stay as long as possible

 

I was just puzzled by the statement he had put as was not within the rules as I believed them to be