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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
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We signed a 12 month AST in Feb, plus 2 months deposit and

Customer Question

Hi, we signed a 12 month AST in Feb, plus 2 months deposit and paid 6 months rent up front. The AST also agreed we would pay another 6 months in advance in June. Due to circumstances beyond my control, I have only been unable to pay a full 6 months and have sent 3 months. The landlord is aware of my issues, but is insisting on the further 3 months payment. What is out legal position? Can we be evicted and lose all of the rent/deposit we have paid? In theory, we have paid until January 2017 including the deposit.
Submitted: 4 months ago.
Category: Property Law
Expert:  Remus2004 replied 4 months ago.

When will you be able to pay?

Customer: replied 4 months ago.
At present I'm unsure, it could be 4 weeks or I at not be able to at all.
Expert:  Remus2004 replied 4 months ago.

There isn't a way around the fact that they could evict.

He cannot just turn up and change the locks. He would need to get a possession order.

However, you are more than two months in arrears and that is a ground for mandatory eviction.

Expert:  Remus2004 replied 4 months ago.

It will take him a few months to achieve that in total so there is time to reduce your arrears below two months rent.

Expert:  Remus2004 replied 4 months ago.

You only have to bring your arrears into order before the actual date of the hearing to avoid a mandatory possession order.

However, you would be at risk of a discretionary one but that will not happen if this is the first instance.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
Thank you for the reply.
Expert:  Remus2004 replied 4 months ago.

no problem.

All the best.

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