akhan

Registered with Property118.com
Saturday 11th April 2020


Latest Comments

Total Number of Property118 Comments: 9

akhan

11:34 AM, 14th April 2020
About A year ago

12 out of 13 tenants asked for "Rent-Free Holiday"?

https://www.property118.com/dangerous-fog-of-liability-to-full-rent-during-covid-19/

I wrote this article in response to my tenants reading fake information on face book and then demanding a payment holiday or in the alternative rent reduction.

I swiftly refused and updated them of the law including reference to High trees case detailed in the above article. I was fortunate as I have the necessary legal skills to be able to apply the law to complex legal problems.

The above article deals with most of the issues you have listed.

Thanks... Read More

akhan

14:16 PM, 12th April 2020
About A year ago

Government must give clear statement on rental payments

Reply to the comment left by Bill irvine at 12/04/2020 - 13:37
I am not saying that!

I am stating that you must confirm to the tenant that they are still liable for the remaining balance and that you have not agreed to waive the remaining balance when then make these part-payments.

To avoid them running the argument of promise estoppel when you chase them for the outstanding monies !... Read More

akhan

21:41 PM, 11th April 2020
About A year ago

Government must give clear statement on rental payments

Reply to the comment left by akhan at 11/04/2020 - 21:23
Part rent payments are acceptable provided it is made clear to the tenant they will still be liable for the full outstanding balance for all shortfalls.

However , agreeing to part payment of rent that amounts to a promise to accept a smaller sum in discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration under the concept of Promissory estoppel.

The lower rent despite the fact that the promise was unsupported by good consideration, would last until the tenants situation improved . In this scenario you could not recover the shortfall if you accepted 50% rent whilst the COVID was around as a waiver to encourage you tenant to pay.

The point I was making is it would be a dangerous road to travel, unless you can clearly spell out to your tenant that they are still responsible for the full rent whilst the Covid is around, and you have not agreed to accept part payments to discharge the full higher amount. It is only part payment of the months rents.
Hope this helps.... Read More

akhan

21:23 PM, 11th April 2020
About A year ago

Government must give clear statement on rental payments

Reply to the comment left by Ingrid Bacsa at 11/04/2020 - 20:44
Tenants are able to apply for universal credit and ask for advance payment which includes the payment for rent usually within 7 days of submitting the application.

What I am stating is part payment or no payment of rent from tenants whilst they still are in occupation is not good consideration, and should not be accepted by the landlord. The law is very clear on this, if you refer to the High Trees case which is good law.... Read More

akhan

17:50 PM, 11th April 2020
About A year ago

Government must give clear statement on rental payments

The Banks have only agreed to consolidate the missed payments over the remaining term of the Mortgage.

It would be sensible to have a professional body that provided clear guidance to landlords given that tenants have shelter as their trade body to advocate their needs.... Read More