Rent payment advice please

cc1222wbsb · 7 June 2017 at 9:54PM

When I moved into my property 16 months ago, cutting a long story short I had to pay a double deposit and had the rent increased by £100 per month to allow me to take my dogs which I was originally told were aloud in the house when viewed, I also paid up 6 months in advance along with all the fees so in total nearly 9k which used up all my money I had.
Since the 6 months ran out I have been a few days late paying due to when my wages go in my bank but I'm not in arrears.
I had asked many time if it was possible to change my rent date so I wasn't late but this has been declined. In January I was served notice because of the rent being few days late each month. This was withdraw on the understanding I had to pay another months rent in advance so I was always 2 months ahead the agents/owner said.
In March due to mental health issues I had time off work and as I don't get sick pay my wage was affected greatly so I didn't pay that month I was never contacted by the agents and have paid the following months rent so am not in arrears.
Yesterday I was emailed saying I hadn't paid rent in February or March and I need to pay this up as to remain property I need to be 2 months in advance. February was paid but as stated above March wasn't. This request for the extra rent to stay in house was verbal only so where do I stand ?
I'm a single parent and don't get help with my rent so finding another months isn't an option for me again.

Cakeguts · 7 June 2017 at 10:23PM

When you get paid shouldn't make any difference because you know that you have to put aside the money for the rent each month. It will only make a difference if you are not good at budgeting and spend the rent money. For example you get paid on 5th of the month but the rent is due on the 1st So on the 5th of the month you put the rent money aside for when you pay it on the 1st of the next month. The rent money just sits in the bank waiting for you to pay it for rent. If you were paid on the 1st of the month it would be the same thing except that they money would go out that day not wait until later. What you have left over to spend every month doesn't change just because of when you get paid.

What date did you pay February's rent? What date did you pay March's rent? You just need the bank statement showing that the rent has been paid for all the months up to the rent date on this one.

Most of what you have written about February and March doesn't make sense to me because it is now June. How many months of rent have you paid since the end of the first 6 months?

cc1222wbsb · 7 June 2017 at 10:38PM

My rent date is the 27th of each month, I get paid the last working day of the month so it's never the same date. I have only been in my current job 8 months so this is where the date issue came from as wasn't paid on time to pay on the 27th of each month.
I pay it as soon as my wages go in i transfer it over and in January they had a double payment as requested verbally by owner/agents to have the notice to leave revoked. I have paid every month although few days late other than March as due to illness and not getting sick pay I didn't have the money to pay. This means I'm not 2 months in advance as they have asked me to be to be allowed to keep living in property.

Pixie5740 · 7 June 2017 at 11:01PM

You need to pay your rent in accordance with your tenancy agreement, that's it. If your TA says the rent is due monthly on the 27th that's when you pay it.

Persistent late payment of rent is a ground to serve a Section 8 notice on. However, a Section 21 notice does not need a ground (reason) to be issued and you cannot fight a correctly issued Section 21. Your best chance of remaining in the property is to communicate with your landlord and agree to pay in accordance with your contract. If the landlord wishes some other payment frequency and you agree to it get it in writing, preferably a new tenancy agreement with a new fixed term.

cc1222wbsb · 7 June 2017 at 11:11PM

The contract was up for renewal in February they have not contacted me to sign new one, the gas safety also ran out in February and hasn't been done as they keep trying to send someone out while I'm at work and the one time I took day off to have it done they didn't turn up.

Pixie5740 · 7 June 2017 at 11:17PM

So now you have a periodic tenancy meaning it's relatively straight forward to get rid of you providing your landlord can follow the due process.

Ending/Renewing an AST

The gas safety certificate is a red herring. It seems like the landlord has tried to arrange one but you're the one preventing it because you want to be present. You don't have to be there for the gas safety inspection. I do hope you at least have a working CO alarm.

Cakeguts · 7 June 2017 at 11:18PM

cc1222wbsb wrote: »

My rent date is the 27th of each month, I get paid the last working day of the month so it's never the same date. I have only been in my current job 8 months so this is where the date issue came from as wasn't paid on time to pay on the 27th of each month.
I pay it as soon as my wages go in i transfer it over and in January they had a double payment as requested verbally by owner/agents to have the notice to leave revoked. I have paid every month although few days late other than March as due to illness and not getting sick pay I didn't have the money to pay. This means I'm not 2 months in advance as they have asked me to be to be allowed to keep living in property.

It doesn't matter that it isn't the same date that you get paid. Here is an example. On the 30th April you get paid. You immediately assign the amount in rent to your rent to be paid. That money stays in the bank and you don't spend any of it and then in late May you pay your rent to arrive at the landlord on the 27th. Then you get paid on 31st May and you put the rent money aside again and don't spend any of it and pay to the landlord to arrive on 27th June. So in your bank account now there should be the money from your pay on May 31st now just waiting for you to send it out to arrive at your landlord on June 27th. Is that money there? If not why not?

G_M · 7 June 2017 at 11:20PM

I too don't understand your difficulty.

If you can afford to pay double rent one month, then clearly you have (or had then) some cash in hand.

Therefore the date you get paid does not matter. You simply pay the rent on the rent due date (27th) each month.

And each month, whatever variable date you receive your pay you put it aside till the next 27th. Whether you receive your pay on 29, 31st, 1st, or indeed 26th makes no odds. The money sits there in your bank, or in the teapot on the mantlepiece if you prefer, till the next 2th.

I would forget this verbal 'double-payment' business. Just pay up to date.

Also confusing is your claim; " but I'm not in arrears." Yet later you say: "I have paid every month although few days late other than March"

So do you owe March rent?

If there is some disagreement about whether you have arrears, draw up a spreadsheet listing

* every date rent was due(27 Jan; 27 Feb, 27 March etc) down the left hand side
* every date& amount rent was paid in the next 2 columns (so a single payment for 6 months on 27th of your first month)
* arrears on each rent due date in the last collumn

This will

a) help you understand if you have arrears
b) you can then show it to the LL to prove you have no arrears (if true)

Finally,
* you can be easily evicted via a S8 ground 8 if you are 2 months in arrears
* you may be evicted (harder for the LL) via S8 ground 10 if you are regularly late with rent
* you can easily be evicted via a S21, with no reason needed, but this takes longer (2 months at least)

The landlord has tried to do the gas safety check. Either
* give him a key (if he does not have one) & and let him arrange, or
* arrange a time and be in - but sadly gas angineers are nevver 100% reliable. If another customer has an emergency breakdown, they may have to go there instead. That's life. Home owners spend hours waiting in for contractors!

The contract reewal makes no difference though you have less security as the LL can use a S21 (see above).

cc1222wbsb · 7 June 2017 at 11:39PM

27th February 2016 deposit and 6 months rent paid in advance. Over this 6 month period I wasn't working when the rent then needed to be paid monthly (after the 6 months advance payment was up) I was getting HB. I then started working and no longer get HB so therefore the rent is due before I get paid which is why it's a few days late. I do not spend it the moment it hits my account I send it over to agents.
The rent is not in arrears and had been paid each month and in January rather than one months rent of £1050 I paid 2 months so I was months ahead I was asked to do this by the agents. The extra rent in January was covered by my parents to help me out. So yes I'm not in arrears but yes didn't pay in March which means I used up one of the advance months rent they asked me for. This was not paid because I was poorly with mental health issues and needed time to health resulting in loss of wages

cc1222wbsb · 7 June 2017 at 11:41PM

The point of my original post was they are asking me for the extra month in advance again, can they actually do this without putting anything in writing to me. Last time it was all verbally done and my parents went down and made a payment to them.

G_M · 7 June 2017 at 11:52PM

they can ask. You can refuse.

Provided you are not in arrears, and pay on time, there is no need for this extra payment in advance.

However as explained above, a S21 notice does not need a reason, so if the LL is unhappy, for whatever reason, he can use this to evict.

My understanding is:

* in Jan, you paid rent for Jan and for Feb (to keep the LL happy as he was annoyed at late payments)
* in Feb you paid rent for March
* in March you did not pay rent (but March rent was already paid)
* in April you paid rent for April (so up to date)

Yes? and were all these payments made on/before the 27th? ie they were not late?

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Rent payment advice please

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