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ricky173
22-02-2010, 15:22 PM
Sorry if this simple question has been covered elsewhere....I have been searching but can't find the answer.

My LHA tenant is on an AST agreement and is always late paying the rent. This has been getting worse every month since the agreement was signed in Mar 09.

The rent is due on the 18th of every month and the AST stipulates that it is paid monthly in advance.

For rent due on 18th January, she managed to pay £305 on 29th Jan (rent is £975 per month). I have received nothing for the rent due on the 18th Feb and she is now not returning my calls.

Is she now 2 months in arrears (£670 from 18/1 and £975 from 18/2)? Or does the partial Jan payment mean that I have to calculate the arrears in weeks, despite the AST stipulating monthly payment - which means she won't be 8 weeks in arrears until £305 worth of rent has passed from 18/2?? - which I calcualte to be an additional 9.5 days!

Just want to get it right prior to writing to the council under the new guidence re the 8 week rule.

thanks

Rick

JK0
22-02-2010, 15:26 PM
Yes, sadly I think you have to wait those 9.5 days. Have you a guarantor?

fletchj
22-02-2010, 15:30 PM
Is she now 2 months in arrears (£670 from 18/1 and £975 from 18/2)? Or does the partial Jan payment mean that I have to calculate the arrears in weeks, despite the AST stipulating monthly payment - which means she won't be 8 weeks in arrears until £305 worth of rent has passed from 18/2?? - which I calcualte to be an additional 9.5 days!



Fraid not - by your figures she is (975 + 670 = 1645) pounds in arrears this is less than 2 months - the rent falls due on each rent day (the 18th in your case) it isn't owed on a daily, or weekly, basis. Assuming you receive no further payment she will be more than 2 owing after the 18th of March when the next payment liability arises and not before. Note - use the term 8 weeks owing NOT arrears as its clearer, though you have calculated it correctly.

ricky173
22-02-2010, 15:42 PM
Fraid not - by your figures she is (975 + 670 = 1645) pounds in arrears this is less than 2 months - the rent falls due on each rent day (the 18th in your case) it isn't owed on a daily, or weekly, basis. Assuming you receive no further payment she will be more than 2 owing after the 18th of March when the next payment liability arises and not before. Note - use the term 8 weeks owing NOT arrears as its clearer, though you have calculated it correctly.

Does this mean then that if she only made a nominal payment of any amount (e.g. £10) on the 18th Jan then I would have to wait until Mar 18th until she was a full 2 months owing? Or am I misunderstanding your reply?

jeffrey
22-02-2010, 16:09 PM
For rent reserved as payable monthly, 'in arrears' is not what you (L) should consider.
Instead, monitor T's payments whether funded by T or otherwise. Once T owes an amount that equal or exceeds two months' rent, you can use ground 8 under s.8 of the Housing Act 1988.
Example
1. Rent is due on 18th of each month in advance.
2. Tenancy began on 18 March 2009.
3. If T paid rent up to 17 Jan. 2010 but nothing thereafter, T first owed at least two months' rent on 19 Feb. [= 18 Jan. rent + 18 Feb. rent].

pjb0150
22-02-2010, 16:22 PM
i am facing a very similar problem --try ing to get council to obey latest dec
d.w.p. guidelines about direct payment ....to LL
see sections
4.42
4.2
4.21
4.32
4.51
4.7
all of these may well help you .
the guidelines are on here somewhere charnwood borough council at the moment seem to be ignoring guidelines.
best of luck .

ricky173
22-02-2010, 16:36 PM
For rent reserved as payable monthly, 'in arrears' is not what you (L) should consider.
Instead, monitor T's payments whether funded by T or otherwise. Once T owes an amount that equal or exceeds two months' rent, you can use ground 8 under s.8 of the Housing Act 1988.
Example
1. Rent is due on 18th of each month in advance.
2. Tenancy began on 18 March 2009.
3. If T paid rent up to 17 Jan. 2010 but nothing thereafter, T first owed at least two months' rent on 19 Feb. [= 18 Jan. rent + 18 Feb. rent].

Thanks Jeffery. However I'm still very confused.

With regard to the dwp guidlines on direct payment to L, am I to calculate the rent owed in weeks or months? The reason why I use the word 'arrears' is because that is the word used in the guidence and I have always understood the word to mean: "A sum of money that has not been paid or has only been paid in part at the time it is due."

From this definition she is in arrears of over two thirds of money owed from 18/1 - which is over 8 weeks ago.

All the examples given in the guidance deal with simple full months owed and not partial months.

pjb0150
22-02-2010, 17:18 PM
further digging in those guidelines has revealed that it may be possible to get an attachment on her benefit to clear arrears ...from the d.w.p.
i am also looking into this..
guidelines do not seem to mention too much full months just arrears

jeffrey
23-02-2010, 10:21 AM
Thanks Jeffery. However I'm still very confused.

With regard to the dwp guidlines on direct payment to L, am I to calculate the rent owed in weeks or months? The reason why I use the word 'arrears' is because that is the word used in the guidence and I have always understood the word to mean: "A sum of money that has not been paid or has only been paid in part at the time it is due."

From this definition she is in arrears of over two thirds of money owed from 18/1 - which is over 8 weeks ago.

All the examples given in the guidance deal with simple full months owed and not partial months.
Calculate what T owes by referring only to the Tenancy Agreement obligations and assessing how much is unpaid.
Do not use the expression 'arrears'; ground 8 doesn't, in the context of rent payable weekly, four-weekly, or monthly.

smiley132
16-03-2010, 12:40 PM
further digging in those guidelines has revealed that it may be possible to get an attachment on her benefit to clear arrears ...from the d.w.p.
i am also looking into this..
guidelines do not seem to mention too much full months just arrears

look in to it all you want i dont think the benefits agency will give much away because of data protection and all that besides do you know your t ni number and dob sorry to say :rolleyes: