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Tuesday, 3 September 2013

Rent Arrears Issues

If a private tenant falls behind with their rent, their landlord could evict them. A tenant may be experiencing genuine difficulties in paying rent. If this is the case, they can seek the advice of a housing solicitor. Tenants would be strongly advised, as a first step, to talk to their landlord about any difficulties they might be having financially and to see if it is possible to come to an arrangement. A landlord may not want to lose a tenant who has proven reliable and has looked after the property to date.

Approaching a landlord to discuss an arrears issue shows that the tenant is being genuine about wanting to resolve the issue. A tenant may just need time to pay the money owed, or they could be waiting for a housing benefit claim. Discussing the situation with the landlord and offering solutions can also help strengthen a tenant’s case if the landlord feels they have no choice but to go to court. Housing lawyers will discuss with clients all of their options.

In an alternative scenario, a tenant may feel as if they have no choice but to withhold rent because a landlord has not met his or her obligations to carry out the necessary repairs to a property. A disrepair solicitor such as Duncanlewis.co.uk will be able to advise a client on their rights in such a case.

A housing solicitor will strongly advise a client to read any correspondence they receive from a landlord, as it may contain information about what action the landlord intends on taking regarding rent arrears or other issues that may have arisen.

If a dispute over rent arrears cannot be resolved amicably, a landlord can seek a court order to have the tenant evicted. In such a situation, tenants are advised to have professional legal representation from a reputable housing solicitors firm such as Duncanlewis.co.uk.

The options available to a landlord in a dispute over rent arrears are to:

  • Enter negotiations with a tenant over the money owed.
  • Ask the courts to issue a money judgment forcing the tenant to pay the money owed.
  • Ask the court to issue an eviction order.
  • Ask the tenant to leave the property, if they are living with the landlord.

A landlord will find it is more straightforward to secure eviction of a tenant holding an assured shorthold tenancy. It is even simpler for a landlord to secure eviction of a tenant classified as an excluded occupier – the majority of lodgers would come under this category – or an occupier with basic protection. A student living in halls of residence would fall under the latter category. A housing possession solicitor fully understands the law as it applies to this area.

Tenants renting council properties may have introductory or demoted tenancies, meaning that their tenancy is running on a trial or probationary basis. If they fall into arrears with their rent, the council will find it can evict the tenant with little difficulty. For tenants renting from a housing association and who have signed a starter tenancy, similar rules will apply. A housing solicitors firm will be able to tell tenants their rights in respect of council or housing association tenancies.

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