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  1. #1
    Join Date
    Feb 2016
    Posts
    14

    Default Tenant about to go into rent arrears

    I contacted our new tenant (who is paid monthly) to confirm when her rent payment, that is due this week, will be made. She initially paid 3 weeks (by choice, presumably to take her through to her next pay day) when she moved in, which takes her up to tomorrow.

    She replied that she paid 3 weeks initially and will pay 5 weeks at the end of next week to cover her rent for the following month. She may genuinely think the rent already paid will cover up to next week, so I will make it clear what periods were covered with the initial rent.

    She is from all accounts very nice, has excellent references and employment, not a bad thing to be found against her name.

    As part of my response I will make clear that 5 weeks is not required, but rather rent must in advance at all times (eg not 2 weeks behind, 2 weeks in advance etc).

    I want to maintain a positive landlord/tenant relationship but also cover myself if things turn to custard. Would a schedule showing when rent is due and the periods cover be a better initial approach, or would a 14 day notice once the rent becomes overdue, be more effective? I don't want to seem unreasonable yet I want to ensure she is clear about her obligations and the consequences if not met.

    Our last tenant stayed for 7 years with no rent issues, so this is a first. Thoughts from those more experienced would be appreciated.

    Thanks
    Phi

  2. #2
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,814

    Default

    Wait until (if) the reforms come to pass. Then you will go to writing every time something happens.

  3. #3
    Join Date
    Sep 2004
    Location
    Hastings
    Posts
    15,012

    Default

    If I recall Keys' past comments correctly, a LL cannot require it, but a tenant can voluntarily pay more in advance than is legislated for. That's despite section 11.

    (Have I got that right, Keys?)
    Want a great looking concrete swimming pool in Hawke's Bay? Designer Pools will do the job for you!

  4. #4
    Join Date
    Nov 2006
    Location
    Cyberspace
    Posts
    5,814

    Default

    You have Perry. Requiring is totally different than offering.

  5. #5

    Default

    Hi Phi
    I am presuming you have a Tenancy Agreement.

    Did your Tenancy Agreement, signed by both, stipulate 2-weeks in advance? Or was there a discussion around variance at the time?

    If no discussion, then keep it simple - politely remind tenant of the TA and how they deal with it is their concern, not yours.

    Be firm from the outset or it may well turn to custard.

  6. #6
    Join Date
    Feb 2016
    Posts
    14

    Default

    Yes there is a TA signed by both parties. The rent in advance I presume is so the tenant can make one payment when they're paid monthly to take them though to their next pay. Its up to them if that suits but only one week in advance is required. My initial concern was getting into arrears so soon after moving in, whether a 14 day notice was the best approach as the tenant had advised they would be paying several weeks (at which point they would be 2 weeks behind).

  7. #7

    Default

    Quote Originally Posted by Phi View Post
    Yes there is a TA signed by both parties. The rent in advance I presume is so the tenant can make one payment when they're paid monthly to take them though to their next pay. Its up to them if that suits but only one week in advance is required. My initial concern was getting into arrears so soon after moving in, whether a 14 day notice was the best approach as the tenant had advised they would be paying several weeks (at which point they would be 2 weeks behind).
    So has tenant paid rent now? It was due 6 Sept? If so, all squared up?

  8. #8
    Join Date
    May 2004
    Posts
    2,839

    Default

    There is often a bit of to-ing and fro-ing at the start of a tenancy. Have found it common for issues to be raised by new tenants, sometimes needing to be sorted, sometimes not.

  9. #9
    Join Date
    Feb 2016
    Posts
    14

    Default

    Quote Originally Posted by erinak View Post
    So has tenant paid rent now? It was due 6 Sept? If so, all squared up?
    No. Yes. No.

  10. #10

    Default

    Quote Originally Posted by Phi View Post
    No. Yes. No.
    In that case I would contact her verbally and explain the lay of the land again, confirm that she understands, and follow that up with a 14-day notice in writing - by email is fine.

    It worked for me and they paid on the correct due date after that and were model tenants I'm pleased to report.

    I hope it works out for you too.


 

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