Are late payment fees for rolling/expired tenancy still chargable?Make Text Bigger
Are late payment charges as stated within an AST still applicable once an AST has expired and the tenant is still in situ and not paying rent/paying late..?
Probably not worth seeking formal legal advise for such a small amount that I’m concerned with so I’d thought I’d see if anyone here had any pointers..
Here’s my conundrum..Current tenant on a 12month AST went into arrears at month 11, section 21 served and eventually tenant left at month 13.5, two months after the AST had expired and with 3.5 months worth of arrears. Deposit was offset against arrears and I’m pursuing the balance via the SCC and want to get my maths correct.
The original AST states that I can claim £35 for each late/missed payment and interest there upon. So in total there are 4 payments that were missed/late, 2 within the 12monthAST and 2 once it had expired.
However the tenant has consulted with the local council who have advised that as the tenancy has expired then any late payment fee’s etc outside of the AST period are not chargeable. Kind of makes sense I suppose but I’m no expert and I don’t want to look silly if it goes before a court.
Incidentally, I wouldn’t usually charge late payment fee’s, I usually advise that if we can come to a payment agreement/plan then I would wave them, but this particular tenant has repeatedly given me the run around etc etc you know the usual guff.
Anyway I would be interested in your feedback ladies and gents.
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