Accepting Rent from an Overholding Tenant

I'd imagine there are definitely implications in speed of obtaining vacant possession, very much on the slow track if tenant is paying rent.

RonnieShinbal88 said:

speed of obtaining vacant possession, very much on the slow track if tenant is paying rent

Click to expand...

it's slow anyway. paying rent or not paying rent won't make any difference to that process.

murphaph1 said:

It seemed daft to us as well but that was the advice of the (well paid) barrister in our 2008 case. I do remember the term Mesne rates now that I think of it but he obviously advised against collection of them as the ultimate advice was to refuse any payment if we wanted to be sure the judge on the day wouldn't see an implied continuation of the tenancy. This advice must stem from somewhere or some judgement where this actually happened or the barrister was just making stuff up (and sadly I do not discount the possibility!)

Click to expand...

When you say "Judge". Open to correction. But there here is no judge in the RTB process. If you are in front of a judge it's to enforce a eviction. If you trying to get an eviction. It's because the RTB has ruled its a valid termination. I doubt the Judge can overrule the RTB in terms of tenancy. They might not action the eviction. But that seems a different issue to tenancy.

Unless it's a solicitor with specific experience with terminations and evictions, I wouldn't assume they are correct. Also it's seems a bit of a lottery with judges anyway.

That said while I've had experience of termination I've had none that got to court for eviction. So I've no experience either. However in my limited experience accepting rent hasn't had any effect on the termination with the RTB. But I've no idea if thats representative of others experience.

Its staggering after all this time, no govt has fixed all the vagueness and holes in the rental market legislation.

AlbacoreA said:

When you say "Judge". Open to correction. But there here is no judge in the RTB process.

Click to expand...

Yeah it was a commercial property so no RTB involved in that one, thank God.