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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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

135 replies

Namechangepanic22 · 02/03/2017 12:48

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?

OP posts:
Original poster
Namechangepanic22 · 02/03/2017 13:06

He's been on the phone to Halifax and told them this has left us unable to pay then rent and other bills but they don't care. I can barely breathe I'm so worried.

OP posts:
EssentialHummus · 02/03/2017 13:07

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).

Another LL here. Exactly this. Explain, state (realistically!) when you can repay, pay promptly. If it happened twice in quick succession I'd start to worry.

VintagePerfumista · 02/03/2017 13:08

Have your payments always been OK? If so, then it will probably be OK. LLs generally prefer to be told it will be there but late, than not at all. Can you not manage even a token payment this month as a goodwill gesture to show you are serious?

user1487519954 · 02/03/2017 13:12

Also a landlord, and I'd agree with the others. If you've been there a while and always paid on time before they'll probably be reasonable, but be clear about when you'll pay it back, eg nothing this month but double next month, or 1.5 x the next two months or something.

Original poster
Namechangepanic22 · 02/03/2017 13:13

We really can't pay anything this month he has been left with 43p in his account I have £500 left, £250 of which I need to get to work and back for the rest of the month. We need to eat, have 2 dogs to feed and neither of us get paid until 31st March. There's other payments we'll miss but there will have to negotiate those.

OP posts:
Original poster
Namechangepanic22 · 02/03/2017 13:14

We've been in the house a year and have always paid the rent in full and on time.

OP posts:
thecatneuterer · 02/03/2017 13:16

Also a LL here. As long has you haven't had similar problems in the past and you are clear and upfront about both the problem and your plan to get back on track, then I would be fine about it.

If the promises then were broken I would issue a Section 21 to get things moving just in case, although probably wouldn't carry through with it if you got back on track before the end of the notice period.

Communication and sticking to your word is key.

Original poster
Namechangepanic22 · 02/03/2017 13:17

But what if they rely on their rent to pay their mortgage? Can they evict us?

OP posts:
EssentialHummus · 02/03/2017 13:19

Today 13:17 Namechangepanic22

But what if they rely on their rent to pay their mortgage? Can they evict us?

They should have some reserves for situations like this/urgent repairs. Evicting you will take 3 months+, so it's not in their interests unless you repeatedly fail to pay.

AuntiePenguin · 02/03/2017 13:20

It takes a couple of months to evict tenants, they'd have to go to court, and if you were able to pay the overdue rent by the time you got to court, the judge would be very likely to let you stay on. So this situation is bad, but it's not an emergency - they can't boot you out straightaway.

mnbvcxzl · 02/03/2017 13:21

Do you not have savings or are you seriously saying your boyfriend has 43p to his name!?

UpLighter · 02/03/2017 13:21

Same as with the other LL. Be clear and honest.
I would rather wait a bit for rent from a tenant than them shaft themselves more with payday loans.

thecatneuterer · 02/03/2017 13:24

No they can't evict you without a lot of time and money. An eviction takes an average 6 months, often longer. No LL will want to go through that if not absolutely necessary.

They may well rely on it to pay the mortgage, but non payment of rent is a risk LLs have to accept. If one missed payment puts them into severe financial difficulties then they really shouldn't be LLs.

Original poster
Namechangepanic22 · 02/03/2017 13:25

No we don't have any savings, we've just
paid the venue for our wedding which we have been saving for.

OP posts:
1bighappyfamily · 02/03/2017 13:26

Also a landlord. You need to contact them and explain right now.

They can't kick you out tomorrow so it's in their interests to try and figure something out.

Have they been a reasonable landlord up to this point?

thecatneuterer · 02/03/2017 13:27

It doesn't take a couple of months to evict tenants AuntiePenguin.

If it's because of non payment of rent then the rent needs to be two months in arrears before you can issue notice. Then you issue two weeks notice. Then it take 6 to 8 weeks usually to come to court. Then the court give another two weeks notice. Then the bailiffs need another average 6 weeks. So six to eight months if you're lucky! Some cases can take over a year.

mnbvcxzl · 02/03/2017 13:29

I can't believe people actually live like this.

Original poster
Namechangepanic22 · 02/03/2017 13:31

Thanks for the judgement mnbvcxzl

OP posts:
NuclearSwan · 02/03/2017 13:32

I have no savings either mnbvcxzl. We have nothing left to save.

TheClacksAreDown · 02/03/2017 13:34

This will explain set off

www.moneysavingexpert.com/banking/setting-off

He should:

  1. Call the bank and ask to make a formal complaint that you have been left in financial difficulties due to this and he is being caused detriment as a result. They may agree to refund some of it. He should also ask if a "gone away" marker was on either his mortgage or current account.
  1. Open a new bank account with another provider, probably a basic account. His current bank could seek to offset as they have both products. Get his wages etc paid into this new account as it will protect them from any further offset.
Cottongusset · 02/03/2017 13:36

Then you don't live in the real world and comments like yours do not help.

Shenanagins · 02/03/2017 13:36

Good tenants can be hard to find and keep so if you fall into that category and there has been no other cause for concern as a landlord I would be willing to come to an agreement. However as others have said you need to be honest with them about what's happened and when you will pay.

HecateAntaia · 02/03/2017 13:36

This reply has been deleted

Message withdrawn at poster's request.

Dillybean · 02/03/2017 13:36

Hi OP, sorry to hear you're in this awful situation.

I'm an ex LL and I had a similar issue with tenants - they were students from abroad and decided one month to buy a computer instead of pay the rent! I contacted them when the rent was unpaid and they explained what had happened. As other posters have pointed out, it's a whole load of faff and expense to kick someone out. I told them I'd need a guaranteed installments scheme and they were fine. Most LL's have a contingency fund to cover things such as this in any case.

If you explain it to your LL, agree a payment plan and stick to it, then with your record of never defaulting I very much doubt your landlord would refuse. I'd put it in writing and then phone him.

Hope it goes well, keep us posted x

EchoesofEmpires · 02/03/2017 13:38

mnbvcxzl Welcome to the real world where yes, many people do unfortunately have to live paycheque to paycheque and an unexpected expense can wipe them out financially and leave them struggling to make ends meet before their next wage packet.