Has anyone had any experience of telling landlord they can't pay rent this month

[Namechangepanic22]

Hi. I've name changed for this but have been around for ages.

My fiancé has an executive wife who he had an agreement with to payback negative equity on a house they used to own. They were both making payments out of their own bank accounts. It seems that she has declared herself bankrupt and yesterday the Halifax cleared out his entire bank account to cover both the payments.

All of my contribution towards the rent and bills was already in his account so that's gone too. Both of us already have loans and are unable to get anymore so today we have the unenviable task of telling our landlord that the rent will not be paid today, does anyone have any experience of this? How did it go? What was their reaction?

An ex-wife, not an executive one!

Do you know when you will be able to pay it?

Get a credit card?Advance from the bank?

He's currently trying to get payday loans but that just leaves us having to pay them back next month. We will be able to pay as normal next month, and hopefully pay a bit on top and we could do that until this months debt is cleared.

Both are credits scores are bad, his because of the negative equity and
Mine from debts a previous ex ran up. The banks won't help and we can't get credit cards.

Is your landlord an individual or company?

No direct experience, but I'm a landlord.

I'd recommend - be clear that the money has been unexpectedly taken from your account due to a banking issue (ie that you didn't know earlier there was going to be a problem), apologise, and set out when you expect to be able to start paying the overdue rent.

I'd accept this from a previously good tenant, so long as the overdue rent was then paid promptly (instalments would be ok with me).

Is it a big landlord, like a housing association? If so check their policies as they may have rules about how they have to deal with late rent.

Can you not pay any of it? X

Will he be liable for a double payment next month as well, if the ex has declared herself bankrupt?

Also, can Halifax do that? Check with your own bank if he can claw that payment back under the direct debit guarantee?

It's an individual private landlord. We can't pay any of it, because my half of everything was taken also and that leaves us wanting the minimum for food and costs of getting to work and back.

The agreement must have been that they were also covering each other's payments in the event (as has happened) that one of them defaulted. I'd be a tad fucking furious if my money had also gone awol because of that agreement tbh.

That's by the by though- you are going to have to work out when you can pay the LL and tell him/her immediately, and totally honestly. It has happened to us, dp's firm went tits up a few years ago and we asked to miss a month and make it up, which he was OK about. Then we asked to change the payment date because at the time I wasn't working and dp's money went in mid-month.

Be totally honest, and don't make promises you can't keep, but by the same token, remember it's not your LL's fault that your dp seems to have a dodgy financial agreement with an even dodgier ex.

I've had to do this before. Before I made contact I sat down and worked out exactly when and how much I would be able to next pay and drew up a schedule for paying off the arrears. My landlords were fine. That said, they did not have to be fine and you should prepare yourself for the possibility of yours taking a very different stance. Talk to Shelter or look at their website.

Is his bank account linked to his old mortgage? If not, my first call would be to his bank to recall the direct debit. Under the terms of the direct debit guarantee, they can't just double the amount they take without prior notice can they?

If that doesn't help (or if he has left it too late to recall the payment), I would recommend being completely honest with your LL as soon as possible. Your LL will want to know when you will be able to make the missed payment - can you afford double next month for example? Can you pay anything at all? Even a smaller than expected payment would be better than nothing - especially if the LL also has a mortgage payment to make.

I'm assuming it is a private LL? If you are with a HA then they will more than likely allow you to spread the arrears over a few months, which should help.

The amount they've taken clears the debt. They apparently wrote to him 6 months ago to tell him but we have moved since then. He spoke to a solicitor yesterday and there's nothing we can do.

I'm such a slow typist! X-posts with everyone!

If that bank account is a joint one between him and you, they can only take half of it.

It's his bank account. I pay my money into his account and the bills go out of his.

The first thing I would do is to make sure I had no financial ties with him. I'd be absolutely furious if my money was taken out like that.

It's going to depend on your payment record up to now how he reacts. If you've never missed or shorted a rent payment and always been on time it's still going to be an awkward conversation but he will be more sympathetic than if you've a back history of lateness and shortfalls. He's going to need a commitment that you will pay by x date (and you'll have to stick to it so be realistic i.e. don't tell him it'll be 5 days and then not be able to find the money) and that it won't be a recurring situation. Oh and I'd get your fiancé to get straight onto the Halifax and renegotiate his repayments because this will happen again and again and he'll get bank charges if they try and take it and there isn't enough to cover. Maybe have all his money go into your account and just transfer enough to meet his Halifax payment and in future keep the rent and bill payment money in your account.

Why have they taken money out of his bank account if it isn't joint with his wife?

I am furious, but being furious with a woman I don't know is very exasperating.

It his ex-wife and they have separate accounts. The arrangement was set up
When they left the house for them both to pay it.

Ah OK. So at least the debt is clear and this isn't going to happen again next month.

It completely sucks for this month, but I stand by my advice that contacting the LL as soon as possible with a clear plan of when you will be able to make up the missed payment is the best way forward.

It won't happen next month because Halifax have taken enough to clear the rest of the debt. It's now closed.