No Account for Landlord

05eaftqbrs9jlh

Hello, I'm hoping for some advice.

We rent our place from a really nice man who has a couple of properties let out. I think he's a professional as well as being a landlord. We've been here two and a half years.

In early February, he rang me to say not to forward the next month's rent because someone else was handling that side of things from now on. I texted a twice (for each rent day) to remind him to send me on the new info but he hasn't replied and he didn't answer the two times I rang. I don't want to pester him but I'm worried something might be up.

As far as I know, the property isn't registered with the PRTB and our contract was up recently too. Do we have any rights with respect to eviction? We really don't want to move, we're so convenient here with work and family nearby. I'm just terrified there's something afoot.

Fingers crossed he's just busy.

4ensic15

More than likely a receiver has been appointed. You should try and find out who it is.

Lantus

Assuming you havent paid landlord rent keep it to one side. It could be bank is living to reposses. In which case your landlord won't be heard from again.

You should try to deal with receivers but don't offer to pay back rent. Only pay what they ask from when they call.

05eaftqbrs9jlh

Still haven't been able to contact him, his phone just rings out. He actually said his (ex?)wife is handling the rent from now on, is it really likely the house is being repossessed? Should we be looking for a new place?

Lantus

Could just be a marital issue. House they both owned and rented, where he did all the landlord things and now he's gone.

But prepare for both eventualities.

Keep all rent from here on in separate and don't touch it. In the event there is a problem with getting your deposit back your going to need this.

I would sit tight for the minute as you can't just be turfed out.

If and when the bank does come knocking you only need to pay from when they tell you. That could be tomorrow or months away.

05eaftqbrs9jlh

Update: It was indeed a martial issue. She got the property in the divorce. We're getting a rent increase. Ugh.

Baby01032012

What about the back rent...did this have to be paid?

05eaftqbrs9jlh

Oh yeah, that was a tedious ordeal in which she refused to give us bank details (we always paid through the bank before); she wanted the rent in cash. I told her that if she brought the account details to our house when she inspected it, I could transfer the 2100 immediately. When she eventually came over (after cancelling twice at the last minute for reasons she attributed to ill health but I suspect were more to do with alcohol consumption) on the agreed Monday at 6pm, she was asking for cash again as she "confused" us with the upstairs tenants who said they'd pay that way. She then basically strong-armed me into going to an ATM in rush-hour traffic to get it. There was a limit on the amount I could take out so she had to come again to collect the rest, arriving the following morning at 9am when I was at work and my partner was getting ready to leave for work. We made sure she signed receipts, but I anticipate she'll come knocking again next month, which is very inconvenient as we work and have many family/recreational commitments during the week. She can demand to receive the rent in whatever way she wants though, unfortunately.

My partner is going to deal with her in future as she seems to have some sort of complex about me.

Baby01032012

No tenant should be strong armed into anything.

I wouldn't have paid her cash. She's definitely trying to hide it from her ex. And probably tax. Not your concern all the same. I still wouldn't purely as you have no paper trail, hand written recipts aren't great.

athtrasna

Baby01032012 wrote: »

No tenant should be strong armed into anything.

I wouldn't have paid her cash. She's definitely trying to hide it from her ex. And probably tax. Not your concern all the same. I still wouldn't purely as you have no paper trail, hand written recipts aren't great.

Also unlikely to count if you're trying to prove to a bank in the future that the cash was for rent, will affect mortgage applications.

MarkAnthony

To be frank, to the best of my knowledge, there is no requirement for the tenant to be able to pay by bank transfer. I think the OP has their head screwed on and seems to be dealing well with the situation. That said there is certainly no reason the tenant couldn't enquire about whether all the PRTB paperwork is in order.

AnonoBoy

Jax Small Theme wrote: »

Update: It was indeed a martial issue. She got the property in the divorce. We're getting a rent increase. Ugh.

Hope you're aware that rent increases are only allowed every two years now. So if you've had a recent increase she's legally not allowed up your rent.

Don't let her pull a fast one on you (and she sounds like she's the sort that would)

questionmark?

Paying monthly rent in cash is not a very good idea. Put your foot down and demand that you can leave a paper trail. You did this before and as it's the same landlord/contract regardless of a marriage breakdown there is no reason to change.

newacc2015

questionmark? wrote: »

Paying monthly rent in cash is not a very good idea. Put your foot down and demand that you can leave a paper trail. You did this before and as it's the same landlord/contract regardless of a marriage breakdown there is no reason to change.

From a Landlords point of view, if it is near impossible to get a tenant to pay rent on time they will look for cash. I know tons of LL's who have eventually get tenants to pay their rent in cash. When you have a mortgage you pay on a property, you cant wait around for a tenant to ' get a chance to wire the money'. Not all tenants should have the choice of paying their rent by wire transfer if they are constantly late. A bank would not be content with a customer paying their debts when they get a chance

OP were you ever tardy with the rent that the rent that the landlord prefers cash?

05eaftqbrs9jlh

It's a different landlord now regardless and she has had very little contact with her husband about us (didn't even know we were a couple when she took over). There was one month we were late about three years ago but I got in contact with him well in advance to ensure there wouldn't be a problem and he had no issue with the delay. This definitely is not the issue as she had no trouble putting off meeting with us three times when it mildly inconvenienced her, even at the expense of waiting a few more days to get the cash.

Our receipts are typed and printed and she signs them. The property has never been registered with the PRTB and we have contacted the landlord numerous times in relation to this with no success. She has also refused to renew our contract (which has been out for two years, in spite of our constant requests to update this). Everything has been in limbo for the duration of their divorce, seemingly.

Baby01032012

Jax Small Theme wrote: »

It's a different landlord now regardless and she has had very little contact with her husband about us (didn't even know we were a couple when she took over). There was one month we were late about three years ago but I got in contact with him well in advance to ensure there wouldn't be a problem and he had no issue with the delay. This definitely is not the issue as she had no trouble putting off meeting with us three times when it mildly inconvenienced her, even at the expense of waiting a few more days to get the cash.

Our receipts are typed and printed and she signs them. The property has never been registered with the PRTB and we have contacted the landlord numerous times in relation to this with no success. She has also refused to renew our contract (which has been out for two years, in spite of our constant requests to update this). Everything has been in limbo for the duration of their divorce, seemingly.

Registered with prtb or not does not affect your rights under the residential tenancies Act. Renewing lease also doesn't affect your rights and landlord doesn't have to renew. Your still covered under Part 4 contract.

4ensic15

You are entitled to a Rent Book if not paying through the bank.