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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 58
Experience:  Freelance Solicitor at Self Employed
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I am a private landlord of a student house. All 5 tenants

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Hi, I am a private landlord of a student house. All 5 tenants are on an 11 month fixed contract with no break clause. One student has left for good (amid COVID-19) and has told me she will not be paying her remaining 4 months rent. Where do I stand?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Rent is due on or by 1st April so no breach of contract as yet. I emailed a copy of the signed contract and stated that the contract does not allow termination
JA: Where is the house located?
Customer: Portsmouth
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, Welcome to JA. I’m Vineet , a UK Solicitor and will be dealing with your case today.

Please note that during the course of our online conversation, you may be asked if you would like to request a phone call with me. JustAnswer automatically generates these phone call requests without input from the expert, so I have no control over these requests. I can easily help you without a phone call. But if you prefer a phone call, that is also an option.

Customer: replied 12 days ago.
Hello Vineet

I may also need to ask some questions to determine the legal position.

Customer: replied 12 days ago.
Ok thanks, online is fine
Customer: replied 12 days ago.
Again fine

so all these 5 students have signed the Tenancy Agreement

As joint teanants

Customer: replied 12 days ago.
Individual ‘assured shorthold tenancy agreement’ yes
Customer: replied 12 days ago.
Contract for each tenant

Thank you for your reply.

I will get back to you with my answer as soon as I can. The system will notify you when this happens.

Customer: replied 12 days ago.
Understandably she has returned to her parents home in Croydon as no university classes are now taking place, she sights loosing her part time job due to the virus as reason for not paying
Customer: replied 12 days ago.
I understand her plight but the contract is there to protect all parties

Hello, thanks for your patience.

Yes, these are extraordinary times in which both tenants and Landlords both are worried. You might be aware that govt has announced safeguard for both tenants and Landlords. For Tenants, it means no eviction proceedings in the courts for at least a 3 month period. It has been advised that the expectation at the end of this period will be for tenants and landlords to work out a realistic repayment plan for any rent missed in this 3 month period, taking into account the circumstances.

For Landlord, 3 month mortgage payment holiday has been announced yesterday will be extended to landlords whose tenants are experiencing financial difficulties due to coronavirus.

Even though the emerging situation is very concerning, there have not yet been any changes to the law regarding ending tenancies in relation to the COVID-19 pandemic, and until something mutually agreed between the tenant and the Landlord, Tenant`s obligation to pay rent will not change

Even If Tenant does not stay at the property due to someone you live with having COVID-19 coronavirus, Tenant will still have to pay rent regardless of this.

You may take action to get the rent from your Tenant, or from your guarantor if you have one.

You can also take some of this money from Tenant`s deposit. If the amount you owe them exceeds your deposit, they may write to you to formally request the remaining rent amount.

Customer: replied 12 days ago.
Ok thank you

As explained, these are not normal circumstances due to this pandemic, but at the same time it is no excuse for the tenants to breach their Tenancy Agreements and stop paying the rents

Customer: replied 12 days ago.
I will offer a payment plan, if they still do not pay then I guess I will have to pursue via civil court?

yes all those remedies are still there for Landlords

 

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