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wingrovebuyer
wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 654
Experience:  I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
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Can you help me. I am confused.

Customer Question

Can you help me. I am confused.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  wingrovebuyer replied 1 year ago.

wingrovebuyer : What is your question please?
Customer:

My tenant says she is not in rent arrears. Tenant AST was from 19/03/2012 to 18/03/2013. I service section 21 notice but tenant ignored the notice. Please see the email below what tenant sent to me today.

Customer:

 


I am not in arrears. When I moved in on 19th March 2012 I paid you 1050 cash for deposit and one month up front of a 1000


march 19th 2012 - 1000 paid in advance for the month

april 19th 2012 - 1000 paid

may 19th 2012 - 1000 paid

june 19th 2012 - 1000 paid

july 19th20 12 - 1000 paid

august 19th 2012 - 1000 paid

September 19th 2012 - 1000 paid

October 19th 2012 - 1000 paid

November 19th 2012 - 1000 paid

December 19th 2012 - 1000 paid


January 19th 2013 - 1000 paid

February 19th 2013 - 1000 paid

march 19th 2013 - 1000 paid (this payment covers rent up in advance till the 19th of April 2013


Before the 19th of april 2013 I received a letter from the court stating you wanted procession of the property on 26th of april 2013 and that a court hearing had been listed for the 24th of april for the court to decide.


So on the 19th april 2013 I paid you 250 to take me up to the 26th april 2013


on the 24th of april the court allowed another week, putting the date for procession to the 3rd of may 2013 exactly one week after the 26th, and 2weeks after the 19th april 2013.


so on the 26th of april I paid you a further 250 to take me up to the 3rd of may 2013. currently still not in arrears as this rent is paid one whole week in advance.


I have an email from you, confirming I can pay weekly. since you want to evict me now


on the 3rd of may 2013 I paid a further 250

on the 10th may 2013 I paid another 250


this totals £1000 for the month of april 19th - may 19th 2013


on the 17th of may 2013 I paid you another 250 (this was meant to of been paid on the 19th of may, I paid 2days early in error.


on the 26th of may 2013 again I paid 250


on the 2nd june 2013 i paid 250


the next payment is due on the 9th of june 2013 - this is the last payment


this will in total be £1000 for the month of may 19th - june 19th 2013


eviction day 20th of june 2013


As you will see i am NOT in arrears. Rent has been paid in advance from when i moved in to the property.


I have seeked advise and AM NOT in arrears.

wingrovebuyer : Why do you say they are in arrears? Is what they are saying about the payments correct?
Customer:

Tenant owe me from 20/03/2013 to 19/04/2013 I am correct?

wingrovebuyer : They say they paid £1,000 on 19 March. If this is correct, and you received this payment, then they are not in arrears.
Customer:

This is my

Customer:

MONTHLY RENT


RENT DATE TOTAL


19/03/2012 – 19/04/2012 £1000.00 20/04/2012 – 19/05/2012 £1000.00 20/05/2012 – 19/06/2012 £1000.00 20/06/2012 – 19/07/2012 £1000.00 20/07/2012 – 19/08/2012 £1000.00 20/08/2012 - 19/09/2012 £1000.00 20/09/2012 – 19/10/2012 £1000.00 20/10/2012 - 19/11/2012 £1000.00 20/11/2012 – 19/12/2012 £1000.00 20/12/2012 - 19/01/2013 £1000.00 20/01/2013 – 19/02/2013 £1000.00 20/02/2013 - 19/03/2013 £1000.00 20/03/2013 – 19/04/2013 NOT PAID - OVERDUE £1000.00

Customer:

Tenant is in arrears from my transaction?

wingrovebuyer : The tenant says they paid the rent on 19 March. Are you saying this is not true? If you haven't received it, they are in arrears, if you have received it, they aren't. I'm not sure what else I can add I'm afraid - either they have paid or they haven't.
wingrovebuyer : If your records don't match, you should check your account. If the payment was not received, then you can claim they are in arrears.
Customer:

they paid 19/03/2012 £1000.00 and 19/03/2013 £1000.00. What about the 20/03/2013 to 19/04/2013 no money?

Customer:

They have not paid no rent for 19/04/2013

wingrovebuyer : If they paid £1,000 on 19 March 2013, being rent in advance, then they were paid up to 19 April 2013. No rent would have been due until 20 April 2013.
wingrovebuyer : Sorry, but I really am not sure how much more help I can be. It is a matter fact, not legal opinion. Either you received the money, or you didn't. Either the tenant's records are wrong, or yours are. Does that make sense?
Customer:

No the rent in advance was on the 19/03/2012 £1000.00. Look at my transaction they own me from the 20/03/2013 to 19/04/2013.

wingrovebuyer : Ok, I can only repeat what I said before. The tenant says he DID pay £1,000 on 19 March 2013. This would take him up to 20 April 2013. Your record says he did not pay this money. This is a matter of FACT not legal opinion I'm afraid. If you didn't receive the money, you are right, he is in arrears and you can forfeit £1,000 from his deposit. You should apply to the Tenancy deposit scheme provider and prove he owes you this money.
Customer:

That 19/03/2013 £1000.00 was from 20/0/2/2013 to 19/03/2013 that would have been her last rent money if she has left my property on the 18/03/2013.Tenant stay on so tenant should have paid from 20/03/2013 to 19/04/2013 do you understand now?

wingrovebuyer : No - the tenant says she paid £1,000 in February (rent from February to March) and another £1,000 in March (being rent in advance to April). If is is wrong, then she is in arrears. If it is not wrong, she is not in arrears. Obviously I cannot say whether or not the rent was actually paid - only you and the tenant know.
Customer:

She has not paid me another £1000.00 in March.

wingrovebuyer : Ok, but she says she did. I suggested earlier that you try to forfeit the deposit to cover the arrears you claim exist. This is easier than bringing court proceedings. Contact the tenancy deposit scheme provider and claim £1,000 from the deposit to cover these claimed arrears. The tenant might object, but if you produce your bank statements, it will show you did not receive any money in march. I hope is helps. Please leave a rating.
Customer:

OK, can you look at my Transaction i just sent you, it that correct how it works?

wingrovebuyer : Sorry, I can't possibly say if it is right or wrong, but the dates add up if that's what you mean.
Customer:

Yes, is that how the rent works from the 19/03/2012 to 18/03/2013?

Customer:

I have sent all my bank statement to the council to make sure that I am correct, but I think I am right i have not received another £1000.00 from the tenant.

wingrovebuyer : Yes, that would be how it works. If rent is paid on 19th, then it is paid up to the end of the 18th the next month, so rent is then again due on 19th. If she's not paid, then do as I suggest - claim it from the tenancy deposit scheme. That is what the deposit is for, after all. Please leave a rating.
Customer:

The think is the tenant partner damaged my front door so the rent arrears is not going to be enough. I will have to take the guarantors for the arrears.

wingrovebuyer : Ok, that makes sense. Please leave a rating.
Customer:

Also the tenant sent me this email today saying.

wingrovebuyer : Sorry - can you please leave a rating, then I'd be happy to continue with related questions.
Customer:

If you continue to still send letters, emails, text messages to myself and guarantors claiming i am in arrears when i am most definitely not and threatening court proceedings, then you can go ahead i have all the proof that you have received all the rent money in full. This is now borderline harassment from yourself. What I am going to tell her now? I can't tell her she is in arrears?

wingrovebuyer : Please now leave a positive rating, and I'd be happy to continue.
wingrovebuyer, Solicitor
Category: UK Property Law
Satisfied Customers: 654
Experience: I am a property solicitor specialising in English Property Law, mines and minerals, sporting rights and rural property.
wingrovebuyer and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

It sound that the tenant is threat me. I thought taking the guarantors to court for rent arrears?


 

Expert:  wingrovebuyer replied 1 year ago.
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Customer: replied 1 year ago.

Can I do all in one claim for damaged and arrears if tenant disagree?


 

Expert:  wingrovebuyer replied 1 year ago.
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Customer: replied 1 year ago.

Yes, I have face 5 court hearing. I did not know that I can do two things in one claim form. Is it ok if i tell the tenant that she will receive a letter from the council?

Expert:  wingrovebuyer replied 1 year ago.
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Customer: replied 1 year ago.

I have wrote a letter to the council to inform them, that the tenant is in a month rent arrears and also sent them my bank statement, so it won't happen to other landlord. So if I get the letter from the council then she can't bully me anymore.


 


Thank you for your help.

Expert:  wingrovebuyer replied 1 year ago.
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