Eviction notice and rent arrears
Rent Arrears

3 Thanks
30 Posts
10 years ago
Hello everyone, I am a landlornd and I just joined the RLA. Very glad to be here and I am looking for some general advice.

First of a little bit of a background.
I have let my property to a friend of a friend and because of that we did not sign a contract or taken a deposit (!!! yes I know. Never again. We learn from our mistakes).
The tenant moved to the property on the 10th of October 2012 and paid the current month on the 15th of October. She has always been paying the CURRENT month on the 15th and not a month in ADVANCE.

Recently things have turned very sour and for personal reasons I need my property back (which has been my primary residence for 10 years). So I served her a S21(4)(a) notice (with proof of posting) on the 18 Jan. 2014 with date of expiry 31st March 2014 (well over 2 months notice).

She has found a place to move out and the new landlord has asked me for a reference.
However, the tenant refuses to pay the March rent (payable on the 15th March 2014) saying that as she is moving out she does not have to pay rent. Also she claims that since she started paying on the 15th Oct. 2012 the rent she is paying goes from 15th to 15th of the month and not from calendar months. Even though she moved in on the 10th Oct. 2012.

I really do not wish to give her a good reference especially if she does not pay the last rent. If she does I will give her an ok reference so she moves out.

Can you really advice me what is the best course of action?
I was thinking of enforcing the S21(4)(a) notice anyway if she does not leave, and then claim for unpayable rent.
I have all the bank statements on when she started paying.

I look forward to hearing your advice.
Thank you

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