
You or your agent must provide your tenant with a rent book
or similar document if you charge rent weekly. It is a criminal
offence not to do so.
You must provide your tenants with an address
in England or Wales where they can serve documents on you.
This does not have to
be your home address and can be the address of your agent.
Your tenant does not have to pay you rent until the address has
been
provided. Once you provide the address, any unpaid rent must
be paid.
In the majority of cases, the rent paid is the rent
that you agree with your tenant. There are certain circumstances
where
the rent must be increased in specified ways. For example,
for Regulated and Assured Tenancies. In deciding what rent
to charge,
look at what is being charged on similar rented properties
in the area. If you want to increase the rent on an Assured
Shorthold
tenancy, you do not have to serve your tenant with a formal
document. A letter setting out the new rent you want to charge
would be
okay. Make sure the tenant signs the letter confirming that
he agrees to it.
If you are owed rent by your tenant, you
need to act quickly before the situation gets out of hand.
You may be given a
number of excuses for rent not being paid, but you need
to decide
what course of action to take before the situation gets
worse. You
can serve a notice because of rent arrears, but you cannot
seek possession and rent arrears through the accelerated
possession procedure. If you want possession and the rent
arrears, you
will
need to seek possession at a court hearing.
The law fully
accepts that if a tenant owes a landlord rent, the arrears
can be offset against any damages that
the landlord
may owe the tenant. For example, if you have failed to
carry out repairs to the property, your tenant can seek
compensation
from you and set this off against any rent he owes you.
If you are going to bring proceedings for rent arrears,
you
need to
weigh up a number of factors before issuing proceedings.
We can advise you on your own situation.
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