Rent Issues

Toiletroll

Due to financial reasons a friend of mine decided to move out of an appartment in the middle of may.

She owes 1000 euros. She wants to pay it over 3 months.

The property management company says they want it all in june or else it will go to their solicitors.

They also threatened interest if it is not paid in june.

I thought if you are able to pay a certain amount on a debt that you would be ok? Especially if that debt is quite large like this one and she is only able to afford it over 3 months?

Gillo

Does she owe the money in arrears or is that for the current month.

I'd suggest she write by registered mail, offering to pay over three months. Even if they get solicitors involved she'll have the balance well paid before much happens (she'll have got a few threatening letter in the mean time though.
Not even giving legal advice but even if it went to court within the three months and she can show she made a reasonable offer and can show she has been paying the balance she will more than likely be covered.

With regard to the interest is there anything in the lease regarding paying interest?

Toiletroll

Gillo wrote: »

Does she owe the money in arrears or is that for the current month.

I'd suggest she write by registered mail, offering to pay over three months. Even if they get solicitors involved she'll have the balance well paid before much happens (she'll have got a few threatening letter in the mean time though.
Not even giving legal advice but even if it went to court within the three months and she can show she made a reasonable offer and can show she has been paying the balance she will more than likely be covered.

With regard to the interest is there anything in the lease regarding paying interest?

Thank you for your useful response. She had a 6 month lease / contract? THough that expired a year ago and the management company didnt bother to get it renewed. She was there on a monthly basis for a year just paying the usual amount without a contract.

EDIT - The amount owed was 700 for the final month and 300 of arrears.

Cabaal

Like banks and mortgages, if she can show she has made reasonable attemps to pay the depts and can actyually show documented proof of these offers most courts will rule in her favor.

Any communications with the agency should be in writing sent registered mail, request they also respond in writing too in these letters, keep EVERYTHING sent or received

ScouseMouse

If she tells them out straight and honestly that she doesnt have it, but WILL pay it over three months, they will have to accept it.

The worst that can happen is it goes to a solicitor and by the time it is processed, probably two months will have passed and it will be all over.

Dont worry about it as I think its an empty threat - BUT DO PAY IT.

Toiletroll

Thanks for the info everyone.

What about this interest issue that they are threatening? Are they entitled to interested if it is paid over 3 months?

antoinolachtnai

Maybe. Probably not. Generally residential leases don't have interest clauses. I'm not sure if the tenancies act says anything about it.

Can she give them post-dated cheques? That might make them happier.

RangeR

antoinolachtnai wrote: »

Maybe. Probably not. Generally residential leases don't have interest clauses. I'm not sure if the tenancies act says anything about it.

Can she give them post-dated cheques? That might make them happier.

Post dated cheques don't mean anything. IT's still part payment every month and cheques can be canceled before cashed.

eth0_

Can she not borrow the money? She won't get her deposit back until she clears the outstanding rent..

antoinolachtnai

The post-dated cheques give everyone a warm fuzzy feeling. They are an acceptance of the debt. True, they don't guarantee payment. But if you bounce a post-dated cheque and end up in court, it's not good.

What is the point in borrowing money in order to pay rent to the landlord in order to get your deposit back from the landlord? Doesn't sound like a great option to me. I presume this person is not in a position to raise money.

Toots

Yeah, but if the agent happens to try and lodge the post dated cheques, they might go through. I'd avoid post dated cheques if at all possible, they can get messy.

delllat

why not tell them to keep the deposit and just pay them the change ?

be careful with giving them a post dated cheque because if you bank honours it your account will go into a negative balance and there are fines when this happens

Toiletroll

Yes - they can keep deposit.

She is more worried about the interest issue. But considering she didnt have a contract as it elapsed, would interest still stand?

antoinolachtnai

The contract may not have elapsed. There may be a clause in it to continue the contract month to month.

How much could the interest possibly be? 3 months interest on 1000 euros at 10 percent per year is 25 euros. I don't think it should be a big worry.

Banks should not honour post-dated cheques. If the estate agent presents a post-dated cheque in error, he will eventually end up with the penalty, not the writer of the cheque. There is nothing wrong with writing post-dated cheques. It is true to say that they can get a bit messy if the person receiving the cheque doesn't know what they are doing.

Toiletroll

Thanks everyone - I think we have the info we need