can my landlord do this??

Question

i have a 6 months tenancy agreement and my rent is £395 a month, i always pay at least some of my rent on the day its due but sumtimes i have not payed the rest til a couple of weeks later but have alway explained the situation and payed within the time limit i ave told him. i am a married woman with a 16 month old son and one on the way. he recently told me that if my rent is late again then he would start charging interest out of my deposit. he has also sed that he will serve me notice aswell, i thought that if he was to serve me notice he would have to go to court. the other thing i should pointout is that i have done work on the house and paid for that he should have done like replasterin a wall that fell down. the tenancy agreement small print says that if my rent is more than 21 days he can seek notice but not give, although my rent has never been more than 21 days late. please can some one advice me on this situation as the C.A.B. are always booked up. please help

i forgot to metion that i have served 1 lot of 6 month tenancy on the property am in and i am now into my second month. the original reason why my rent was late was coz my landlord ased me to set up a standing order for the 4th and on the tenency i had to pay by the 4th, but as it takes 4 days to clear it never went into his account so this new tenancy of 6 month i hhave decided to pay him by cash. the reason that this months is late is aside from my husbands work takin out money from his wages they shudnt have done (he gets a refund next week) it is also the end of the tax year so we miss our payment from working tax credits. the wall i replaced before we moved in he did metion he would do it but before he got the chance to it fell down and i needed it fixed asap as it was my sons room so i felt that this was an urgent matter. my landlord always says he will do the repairs done needed in the property but never has. theres still electrical faults on the property which are dangerous.

Answer 1

Why not try paying your rent on time? Do you think that the landlord can choose when he has to pay his mortgage? Every day that your rent is late could be costing him lost interest or even overdraft fees. Why should he wait every month for what is due to him. Sounds like he has been very patient putting up with this for a period of time.

Answer 2

I have no real idea, but I would have thought your tenancy agreement would have to be honoured so if your rent is never over 21 days late your landlord shouldn't be able to kick you out, plus with a young child and another one on the way, I imagine he'd have a lot more difficulty getting you out than you will staying put. Keep trying to get through to CAB though or visiting might be better. Good luck :)

Answer 3

Firstly I think you have a very understanding landlord to start off with. You may pay the total rental amount each month but not on time. Your landlord has bills to pay also and no doubt a mortgage and has to make sure he pays on time else he will have to pay added interest.

Why are you not paying full amount on time? you know how much rent is you know when it is due so get your act together.

If you are late in paying say a credit card you get charged additional costs.
Sorry but this makes me very cross why should it be OK for you to continuously pay rent late. As far as I am concerned your landlord is well within his rights he has given you enough time for you to get your act together you knew how much rent was in first place. If you can't afford it move to somewhere a lot cheaper where you will keep to your word and pay what you owe every month and on time.

Answer 4

in my previous tenancy agreement it states that the landlord only has to give 4 weeks notice to the tenant before eviction notices are served. and that he could give written notice whenever he desired even if I had done nothing wrong. he only needs to go to court to get an eviction notice not to serve you 4 weeks notice to vacate the property. I know things must be difficult for you at the moment but why not set up a standing order to your landlord so the money goes directly to him every month and you don't have to worry. you have not held up your side of the contract and he is well within his rights i think to serve notice.

Answer 5

Go to a solicitor if you are not working or on a low income you will receive legal aid.

You're landlord cannot charge you interest, you have to be a registered money lender to do this, ask you're solicitor to get the date changed to a more suitable date,also ask for compensation for work done by yourself, he does not need to pay you as you took it on yourself to plaster the wall, unless you asked him to do it and he didn't, and it was dangerous.

You could get the fair rent people involved, they put a fair rent on the property and the Landlord cannot increase it.

He can serve you notice to quit if you only have a 6 month contract.

Register with your local housing office.

Answer 6

you have a binding contract that states if it is more than 21 days late then he can serve. Also bring up the replastering that should be in his department. Also it is a discredit not to pay him the rent when it is due. I understand you must have a struggle with a kid and one on the way. Try looking into income based housing. They are usually pretty nice and will work with you.

Answer 7

There are violations of the tenancy agreement by you as the tenant and the landlord has the right to demand payment on time under the law. However, you should request for consideration because of your situation.

Answer 8

He can't legally evict you along the lines he is suggesting, or even charge you interest from your deposit. But depending on who he is, he may well just do it anyway, check if he is registered with the council as a landlord- I know it is difficult to get the help you need from the CAB, but keep trying, maybe call their helpline, it will cost a bit more but you are almost certainly guaranteed to get to talk to someone. You could also try looking at www.shelter.org.uk - or google "landlord and tenant act"- good luck- some landlords are total losers who think that because they own the property then they own you too!

Answer 9

You need Legal Advice on this because it is a bit complex.There are solicitors who will not chargw for the first half hour or hour. Try to have a talk with one of them. Ring around a few. Or even ask if Social Services can advise you. Good Luck

Answer 10

If the agreement was for only 6 months and you have surpassed the 6 months...then his legally binding contact with you is also completed....and yes...you can be served with a notice if this is the case...