Tenant not paying rent because I don’t have consent to let

Tenant not paying rent because I don’t have consent to let

16:31 PM, 23rd April 2015, About 9 years ago 73

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I am and a landlord and currently completing eviction orders on a tenant who has not paid his rent in 3 months. A section 21 and section8 have been issued.

The tenants defense for non payment is the following:
I do not have consent to let my property (which I am currently working on with my mortgage company so they are aware) my mortgage payments are up to date.

His other defense is that I do not have the correct insurance for the property again which I have now covered. This point should only be my problem not his.

Does he have any case for non payment of rent because of the above matters?

Thanks
Patrick def


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Comments

Fed Up Landlord

19:22 PM, 25th April 2015, About 9 years ago

I didn't say that. Not my comment.It was in response
to Antony's assertion that no consent to let means you cannot receive rent.

Jay James

19:47 PM, 25th April 2015, About 9 years ago

Reply to the comment left by "Gary Nock" at "25/04/2015 - 19:22":

sorry Gary. I had fully intended to hit the reply button to Anthony Richard's post at 16.52, 25-04-15 (and not your comment). Typo.

Jay James

19:53 PM, 25th April 2015, About 9 years ago

Reply to the comment left by "Antony Richards" at "25/04/2015 - 16:52":

Re comment “If you do not have the lender’s consent you have no right to receive the rent”.

Which source is the comment based on?

.

Paddy Power

11:31 AM, 26th April 2015, About 9 years ago

Hi,
Thank you all so much for your help and comments. The tenant was trying to basically black mail us into reducing the rent by 30% since the start of the agreement or he was going to inform our mortgage company. We obviously refused and he said he would claim all the rent back because of this.
We have already contacted our mortgage company and are in the process eviction with a section 21. I will keep you up to date after the case. Thanks again

PAtrick

17:24 PM, 26th April 2015, About 9 years ago

Good luck Paddy,

Hope it all goes well. Make sure you obtain a money judgement as well for the rent owes. Destroy the bastard.

Adrian Jones

8:03 AM, 27th April 2015, About 9 years ago

Reply to the comment left by "Paddy Power" at "26/04/2015 - 11:31":

I seem to recall blackmail is illegal. You could mention to the tenant that the police might have to be involved.

Fed Up Landlord

9:08 AM, 27th April 2015, About 9 years ago

Sorry Adrian. It's a non-runner. Police will say its a "civil matter". Having dealt with many cases of this type over 30 years in a past life it will not get past the Old Bill or the Criminal Protection Service (CPS)

But if it was the Landlord threatening to evict and cutting off the utilities then the wrath of god would be brought down on their head...well it was in the once in 30 years I saw it.....shows how uncommon landlords threatening tenants was. or if they did it was not reported to the police.

The offence of blackmail is below:

"A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—

(a)that he has reasonable grounds for making the demand; and

(b)that the use of the menaces is a proper means of reinforcing the demand.

(2)The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.

(3)A person guilty of blackmail shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years"

The defence at (a) and (b) is very open to interpretation and the tenant would rely on this. But it wouldn't even get that far..

Ian Narbeth

11:52 AM, 27th April 2015, About 9 years ago

Reply to the comment left by "Gary Nock" at "27/04/2015 - 09:08":

Would http://privateprosecutions.org/ be interested in a blackmail case?

Jay James

13:10 PM, 28th April 2015, About 9 years ago

Once a tenant gets to blackmailing the landlord, it's time to get them out asap, never mind the financial cost. (Just don't be gung-ho about it.)

Antony Richards

22:06 PM, 29th April 2015, About 9 years ago

Gary and Jay, apologies for the delay responding, I have been in discussions with our legal team for clarification.
The basis of my suggestion comes from common law. In essence, there is no valid tenancy, i.e. a tenancy could not be created as one of the “owners” did not give permission. Without mortgagee's consent the tenancy is unauthorised. As an illegal tenancy, the landlord has no right to enforce the obligations of the tenancy agreement including payment of rent.
Compare with the HMO licence situation…if you don’t have a licence when required, the tenant can claim all the monies back under a rent repayment order (the legislation in the Housing Act 2004 allows for such).
Gary, you only need to study the comments on this thread to see why I commented that the quality of discussion was poor. Some of the so called 'advice' suggested is best ignored.

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