Tenants false cash rent payment claim?

Tenants false cash rent payment claim?

by Readers Question

Guest Author

9:34 AM, 16th April 2024, About 2 months ago 18

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Hello, I am currently going through the tenant eviction process and have received the court order for tenants to vacant the property. The tenants have now appealed against the eviction order falsely claiming all the rents are paid, up to date and there is nothing outstanding.

Essentially they are falsely claiming the they have paid the missing months in cash which is not true.

I am waiting to hear back from the court and it has been 4 months now and literally no response from the court on the tenants’ appeal.

Has anybody faced similar problem and what are the false documents tenants can submit to fake cash rent payments?

Thank you,

K


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Comments

Cider Drinker

9:54 AM, 16th April 2024, About 2 months ago

What does your AST say about payment methods?

I use the government’s model AST which has a clause (B.8.3) which deals with payment methods. Under no circumstances would I accept cash and my (adapted) AST makes this very clear.

If you do accept cash, you should have a rent book and provide regular statements. I send statements by email every 3 months.

Without evidence that payments were or were not made, I’m afraid it will be down to the judge to decide.

Reluctant Landlord

10:21 AM, 16th April 2024, About 2 months ago

get a S21 issued now as a back up to get them out asap and chase for arrears in money claim after?

Markella Mikkelsen

10:34 AM, 16th April 2024, About 2 months ago

Are you evicting under S21 or S8?
If you have the Court order to possess your property, have you reached the date stated on the order?

If you have and the tenats have not moved out, then you need to apply to the bailiffs of the court and get a warrant of possession.

Dizzy

10:37 AM, 16th April 2024, About 2 months ago

Hi,
When I evicted under Section 8 I found the court staff very helpful if I wanted to know how things were progressing... Call them?
Surely if you had a cash payment the tenants should be able to provide a receipt.
Hilda
Weston Landlord

NewYorkie

10:46 AM, 16th April 2024, About 2 months ago

If you already have a court order for possession, the tenant will have been given every opportunity [and more] to make their defence, stating rents have been paid in cash. It's at that stage the judge must decide. What did they use in court as a defence?

Tuly

10:59 AM, 16th April 2024, About 2 months ago

Reply to the comment left by Reluctant Landlord at 16/04/2024 - 10:21
I agree to this. That's the best option for now

Michael Booth

12:12 PM, 16th April 2024, About 2 months ago

Welcome to the world of the prs,and the landlord is the pirior according to the charities .

Judith Wordsworth

12:38 PM, 16th April 2024, About 2 months ago

Surely they need to provide evidence as to where/from whom they obtained this cash? How was the cash was delivered? in Person? On what date?

Check your diary etc for where you were on those dates, who you may have been with etc etc.

If a "gift" from a relative or other 3rd party then proof needed from whence the monies came from ie a bank account or a 3rd party.
If also on benefits I'm sure they would be interested as could be fraudulently claiming.

Laurie

13:10 PM, 16th April 2024, About 2 months ago

First check when they say they paid. Cross examine deposits in bank... Receipts... And if sod all on your side, it's on them. I'm in a fraudulent activities dispute with the landlords agent but my side of the argument is all proof no accusations. I paid it, go seek in the agency account because it left mine clearly as bank statements show.
As such your tenant if paying rent, should have those payments withdrawn from their account and the bank ideally asked what it was for. Halifax used to do it with me until 2017 when I switched to transferring. Because receipts get lost...
Another thing to check if you have one: your agents. My landlord's former stole money, blamed me and fraudulently claimed rent arrears to the borough who paid a lot to keep us here! It worked but I keep every scrap of paper so now, they're under investigation and hopefully the landlord can stop mimicking their crooked ways before he gets in the hot water they tried to throw him in.
Good luck, a tenant who respects their landlord (most years)

Paddy O'Dawes

15:45 PM, 16th April 2024, About 2 months ago

Reply to the comment left by Judith Wordsworth at 16/04/2024 - 12:38
This. The courts will expect to see at least evidence of withdrawals or an affidavit as a statement of truth from anyone "loaning"

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