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Nicola-mod, Moderator
Category: Property Law
Satisfied Customers: 21
Experience:  Moderator
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HelloI have rented my property to a new tenant that has

Resolved Question:

I have rented my property to a new tenant that has signed a lease for 1 year with a 6 month break clause. He is coming up to the end of the 1st month. He has decided that the apartment is too noisy and now too small for him. As a result he is claiming the apartment is not worth the rental amount he signed up for and is stating he will from this moment only be paying what he thinks its worth (£1,500 pm as opposed to £1,750 pm in shorthold tenancy agreement). I have offered to cut short his lease, find a new a tenant and return his deposit under the circumstances but will not accept non-payment of the full rental. He has refused. What should I do next? Thankyou. Adrian
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Please don't worry.Whatever he thinks it is worth, he is liable for the amount you agreed.
Expert:  Remus2004 replied 1 year ago.
Just serve him with a S8 notice alleging persistent delays and arrears and recover at court. You will need to wait until he does pay late.It is also worth waiting until his deposit is depleted because you can recover from that.
Expert:  Remus2004 replied 1 year ago.
If the property isn't to his liking then he shouldn't have taken it. Can I clarify anything for you?Jo
Customer: replied 1 year ago.
Thankyou, How do I obtain an S8 notice? His first rent is due on 11th of this month, he is likely to pay me £1,500 as opposed to £1,775 as contained in the lease. How should I correspond with him from this point onwards after having failed to reach an agreement with him? Thankyou.
Customer: replied 1 year ago.
are you still there?
Customer: replied 1 year ago.
I require an answer to my last question please.Adrian
Customer: replied 1 year ago.
have i been cut off?
Expert:  Remus2004 replied 1 year ago.
Well, as I said really.Wait until he has underpaid for several months and then serve a S8 notice on him.You can get S8 notices at WH Smiths or online.
Customer: replied 1 year ago.
So no further correspondence required at this stage just let him under pay me then deduct from deposit?
Expert:  Remus2004 replied 1 year ago.
You could write a letter before action. It wouldn't do any harm to do that.There isn't any action that can be taken until he does fail to pay though.
Customer: replied 1 year ago.
How long do I have to wait before serving this notice?
Expert:  Remus2004 replied 1 year ago.
I would give it three months. Write a letter of objection first. Let him pay at the reduced rate for that long as you can always deduct from the deposit and then serve a S8 notice asserting grounds 10 and 11.
Customer: replied 1 year ago.
Okay thankyou. The letter of objection, can that be an email opposing his course of action or should it be addressed to him formaly?Hypothetically speaking, he underpays by £750 after 3 months and I serve the S8 notice on him. What is the notice period as I am assuming because he has contravened the terms of his lease, the normal 2 month period either side is null and void now?Thankyou.Adrian
Expert:  Remus2004 replied 1 year ago.
Yes, an email is fine. It just about setting on the record that you do not agree.Breaches under ground 10 and 11 are not mandatory grounds for a possession order but you would get compensation.
Customer: replied 1 year ago.
So does that mean by law he can still stay until the break clause period of 6 months is up whereupon I can serve notice to leave?A
Expert:  Remus2004 replied 1 year ago.
Yes, unless the court is willing to order possession.Compensation might be more appropriate.
Customer: replied 1 year ago.
Compensation you mean withholding the amount owed from his deposit and claiming that as compensation?
Expert:  Remus2004 replied 1 year ago.
Yes, you could deduct from his deposit but quite quickly that will be depleted.That is why you need to serve a S8 notice upon him and recover any outstanding amount at court.
Customer: replied 1 year ago.
Thankyou. I'll follow your advice. In the meantime i paid an extra £25 to reconnect with you before not realising I didn't need to when I thought you had gone! Anything I can do to get a refund? Thanks. Adrian
Expert:  Nicola-mod replied 1 year ago.
I am a moderator for this topic.
I will process that refund for you now!
Thank you,
Customer: replied 1 year ago.
Thankyou so much.Adrian
Customer: replied 1 year ago.