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Original poster

Not paying my rent ...threatening court action...

35 replies

stairsvl · 31/08/2022 09:38

Hi I rent a housing association property.
I get paid the last day of the month.
My payroll has had issues with payments and have told us payments will be in bank on Monday.
I informed housing association I will be late by a few days this month and payment will be made first thing Monday.
The lady wasn't very nice on the phone-saying I'm in breach of my tenancy paying late and she might decide to start eviction proceedings.
Can she do this ? I pay on time every month
I pay £5 more than my rent per month also
I'm panicking now.
I'm paying Monday first thing

OP posts:
Justanotherwinter · 31/08/2022 09:41

They can start eviction proceedings if you miss 8 weeks of payments / 2 months
unlimely they’ll do anything if you pay

DenholmElliot1 · 31/08/2022 09:41

The lady wasn't very nice on the phone-saying I'm in breach of my tenancy paying late and she might decide to start eviction proceedings.

Yes you are in breach of your tenancy paying late but it's not the decision of the lady on the phone as to whether SHE might decide to start eviction proceedings! She doesn't have that power and she certainly shouldn't be threatening you. I'd make a full and formal complaint IF she did say that. It will have been recorded so the evidence will be there.

BuenoSucia · 31/08/2022 09:45

Haha yeh. And good luck to “her” standing in front of a judge and saying “we’d like to evict this tenant who paid her rent 2 working days late”.

Relax. Maybe she’s not had her coffee yet. 🤷‍♀️

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Blindsblindsblinds · 31/08/2022 09:46

Don’t worry at all. You’ll be fine!

dontgobaconmyheart · 31/08/2022 09:47

It's not going to be up to her though is it. Presumably they're told to trot things like this out to capture late payment but if she stated she personally might decide to take court action, I'd complain formally and state the distress the threat has caused, given you made contact about the issue and it is the fault of your employer.

Whilst it is true they can commence a court proceeding and not paying is a breach of tenancy, I cannot imagine anything at all coming of this once it's paid. I'd still complain about her though.

CornishTiger · 31/08/2022 09:50

Are you paying each month and clearing the last months arrears and then accruing arrears again or are you paying in advance each month.

The £5 extra a month makes it sound like it’s the first tbh.

Regardless you aren’t at the threshold for court action. The worse that’ll be sent is a payment reminder.

CornishTiger · 31/08/2022 09:52

And yes I’d complain too. People with an attitude like that need it. I’ve done the job. Firm, fair and understanding

MagneticRubberDucks · 31/08/2022 09:58

You should be trying to get a short term overdraft or loan to make sure you pay your rent on time.

you will be in breach of your tenancy agreement and by not paying on time you are all but chances are you are guaranteeing that you will be evicted at some point.
either they will start the eviction process now or when your short hold tenancy agreement ends, is it worth the risk?

Original poster
stairsvl · 31/08/2022 09:59

At the minute my statement shows as £256.78 credit.
I've paid extra £5 since I've moved in

OP posts:
Original poster
stairsvl · 31/08/2022 10:00

I don't understand why I would be evicted at some point?
I'm only paying 2 working days late ?

OP posts:
MrsSkylerWhite · 31/08/2022 10:01

Please stop worrying, just pay on Monday.
Unfortunately there’s no bar to unpleasant people working for housing associations too.

VariationsonaTheme · 31/08/2022 10:02

A HA aren’t going to evict someone who pays two days late. Don’t worry about it. (And what the £5 extra for?!)

TheLightSideOfTheMoon · 31/08/2022 10:03

You won’t be evicted. She’s being a dick.

It’ll be absolutely fine. You have every intention of paying and have called to explain the situation.

Some people just enjoy making others feel like shit.

Original poster
stairsvl · 31/08/2022 10:03

They told me to pay extra a month when I moved in so I would always have a cushion.

OP posts:
DecorateTheTree · 31/08/2022 10:07

I wouldn’t tell them if this happened again. Keep any communications you have from payroll as proof in it does go further

CornishTiger · 31/08/2022 10:07

She’s out of order. Totally out of order. Your rent account is in credit.

What does your tenancy actually say too.
is it a weekly rent that requires you to be in credit by 1 week? That’s the standard.

OurChristmasMiracle · 31/08/2022 10:08

Honestly housing associations are not going to evict you for paying 2 days late- it would cost them too much in legal costs for nothing. They probably have to remind you that you are in breach of tenancy by not paying and that they can evict you for missed rent payments- but in reality it’s not going to happen.

CornishTiger · 31/08/2022 10:09

MagneticRubberDucks · 31/08/2022 09:58

You should be trying to get a short term overdraft or loan to make sure you pay your rent on time.

you will be in breach of your tenancy agreement and by not paying on time you are all but chances are you are guaranteeing that you will be evicted at some point.
either they will start the eviction process now or when your short hold tenancy agreement ends, is it worth the risk?

Actually when tenants were in arrears we specifically told them not to borrow to clear debts but come into a payment plan with us.

vodkaredbullgirl · 31/08/2022 10:10

You won't be evicted.

unfortunateevents · 31/08/2022 10:12

You won't be evicted for paying two days late. However I expect the woman on the phone has heard every variety of excuse as to why people are paying late and understandably doesn't believe many of them now.

I would also be far more concerned about a company which apparently can't pay its employees on time and would be making my employer aware of the difficulties that you have experienced because of this.

ItsSnowJokes · 31/08/2022 10:14

They cannot legally issue a section 8 until you are 2 months in arrears. This is just a scare tactic from whoever you spoke to. Ignore it, pay it in full on Monday and you will be fine.

RJnomore1 · 31/08/2022 10:18

She can’t say yeah it’s fine to pay late but neither can she start legal proceedings on a part default for 2 working days. Don’t worry.

I suspect it’s a standard spiel of the your tenancy is at risk if you do not pay your rent type, and you’ve taken it more seriously than most people who do pay late. Pay it on Monday and it will be fine, I promise.

Crikeyalmighty · 31/08/2022 10:28

Some real charmers on here having a pop at someone paying a day or so late who always pays and isn't in arrears. Actually when you pay you are paying in advance, so are paying for the benefit of something you haven't actually had the benefit of. No doubt people like this have got very nice cushions there for all eventualities.

My son had that issue last month due to the failure of HSBC bacs system and his employer sent emails out to say it would be 2 days late. He however has a landlord who told him not to worry as he's a good tenant.

I am however disgusted at a HA having an attitude like this- I would send a formal complaint in - she's in need of 'retraining'

DrJump · 31/08/2022 10:36

If you are in front with your rent then even if you pay late by two days you are not in arrears for those two days as you have that extra rent sitting in the account.

If you are feeling worried maybe give them a call back and speak to someone else.

maddiemookins16mum · 31/08/2022 10:45

Everyone is missing the main issue, her payroll dept!! I’m pretty sure I’d get a black mark against me if I never had the funds in my bank to pay my mortgage payment, I would be defaulting. Your employer needs to do a bank transfer asap.