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Unpaid rent

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Velvetee | 17:35 Fri 23rd Oct 2009 | Property
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Hello, I'm not sure if this is the right place to post, or if the Law section would be better.

Anyway, my Partner has a property which he's owned for almost 18 months. When he purchased it, there was a sitting tenant. The tenant has made several attempts to pay my Partner his rent, but my Partner just say's he'll get back to him. Well the tenant now owes 18 months worth of rent, which amounts to around £15K. I have gone on and on at him to sort this out, before his tenant does a moonlight flit, owing thousands, but he never seems that bothered.

What I'd like to know, if his tenant has not paid rent for all this time, is he still obliged to pay? I can't imagine anyone storing up all their rent money. What happens if and when my partner asks him for the rent, he doesn't have it, would he still have to pay or could he say the Landlord refused the money and get out of paying anthing?

Thanks

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Hi Velvetee

It's good to see youi back, sweetheart and i read that your little one is now 4 months old, and doing great, so well done.

Now, you said that the tenant has made several attempts to pay your partner, but your partner just says he'll get back to him........is that right? ...................if it is, just ask your partner to arrange to go around there, if local, or if not, a transfer payment, building society?bankers draft or cheque to calear all he owes up to date.

You should have an assured shorthold tenancy agreement, or similar, when the tenancy began, and on that it should stipulate about non payment etc, in case of such a matter occurring.
If you have the solicitor's contact number, who arranged the tenacy agreement, why not call them for clarification of the situation and they should be able to give you the advice you need...................phone calls are free, as it's only an enquiry and should cost you nothing, if advice given on the phone.

Best of luck to you and you're family and welcome back to AB, my lovely

yogi bear x

p.s If in doubt, and you dont get the answer in here, pop this into "Law"..............always good peeps in there that will help you.
Sorry about the spelling mistakes as typing quickly.
Question Author
Thank you very much for your welcome and reply. The thing is, it's not the tenant's fault, my Partner has made no effort to collect the money. I'm just concerned he may never get it. I've even offered to deal with, but he's always dismissive.
Hi Velvetee; long time no see ...
Might your partner have an arrangement with the tenant that he doesn't want to disclose to you? Seems strange that £15K doesn't bother him!
Question Author
No Coccinelle, I doubt he has a deal with the tenant and wouldn't have reason to hide it. I think he's just slovenly and can't be bothered. We also have an extension attached to the house, (belongs to his friend) which is rented out and the tenants are supposed to pay towards utilities, but he never asks them for the money. It's very annoying.
Your partner isn't Prince Andrew by any chance?
The Courts will only ask for last 3m rent if the tenants plea they have tried to pay. General rule is non-payment of rent = court proceedings with 3m notice to pay before evicition.

Your husband has his own reasons for letting things slide (if he has). It's his business and wont appreciate unwanted interference.
Isn't there a danger of the Tenant gaining squatters' rights..........?
No there isn't Jack, not collecting rent is not the same as not asserting ownership
Hi Velvetee, I was just wondering if your partner might have any other properties that he might like to rent out? Im not fussy whereabouts it is and can move in immediately! kind regards
It sounds very odd that someone isn't interested in £15K. There must be more to this than what is being told here, or there's more to it than you are being told.

Anyway, the rent is still due even if not paid. The tenant should be putting it away and not using it for anything else. Of course, the tenant can keep any interest on the money in the meantime before it's paid to the landlord.

I assume your partner has a valid AST drawn up, transferred from the previous landlord? Is there a deposit, is it held in a scheme?

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