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can a landlord demand a guarentor once you have moved in and paid the rent twice ..

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  • laffer
    laffer Posts: 145 Forumite
    What a loser this LL is! Good luck with it all. He sounds a right !!!!!!.

    He cannot insist on something after the fact next thing you know he will be putting the rent up during the contract term.
  • Sublime_2
    Sublime_2 Posts: 15,741 Forumite
    After re-reading these posts, it sounds like he is after more money. Asking for a guarantor or more deposit sounds like he is eager to get hold of cash for some reason. I would still consider moving elsewhere. You really don't need the hassle. What if your property is on a buy to let scheme and he can't afford the mortgage?
  • Old_Git
    Old_Git Posts: 4,751 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Cashback Cashier
    what if you move and then took him to court for breaking your contract and serving you with section 21 .
    "Do not regret growing older, it's a privilege denied to many"
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    i dont want to have to move again twice in six months is more than enough for anyone ..
    at least i can be thank ful that the bedroom wall in this place is only black because of the wall paper and not the damp that we had in the other place ..


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • Enfieldian
    Enfieldian Posts: 2,893 Forumite
    Part of the Furniture Combo Breaker
    Sounds like a joker.

    Have you already paid a deposit? If so, how much is it in relation to the rent?

    Is it protected under the TDS rules?

    It may be that he has problems as mentioned above or he has been advised by a "friend". Is he a first time amateur, wannabe property magnate?
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    we paid a deposit at old place and now it was not protected .. he was doing some last month rent thing

    we moved halfway through because we did nto want to live in a house that was covered in damp and he was very accomodating showed us this property and told us to pay the rent as normal and he would get contracts drawn up for new place
    and so no we have not paid a deposit this place and i am not disputing having to pay a deposit it was the fact he handed me a section 21 9 months too early that i was commenting on and the fact he has decided after 4 months he wants a guarentor

    i would say he was clueless not nesscary an ametuer but if you read the notes on the section 21 hes given me it says what it should be used for so maybe it is because he cannot read


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • Catblue
    Catblue Posts: 872 Forumite
    Have you actually signed a new tenancy agreement for the house that you are living in now? If so, then the explicit terms of this new agreement are what determines your tenancy. Your landlord cannot verbally insist on other conditions (guarantor, new notice to quit dates) after the fact. There's absolutely no reason for you to offer a deposit either. Is there an inventory for the new house?

    Or is this a continuation of the old tenancy agreement for the previous house?
  • Old_Git wrote: »
    what if you move and then took him to court for breaking your contract and serving you with section 21 .

    English law doesn't really work that way- you can't leave in the hope of later suing for damages.

    You are under an obligation to mitigate your loses when your contract is breached. As you know you have a right to stay, I suppose it could be argued that you wouldn't have suffered loss had you just sat tight. Alternatively, if you were to find alternative accommodation, then the calculation as to precisely what you had lost would be a) complex, and b) possibly not much.

    Given that you know the s.21 notice is unenforceable by the landlord- he hasn't actually breached the contract yet- it would be difficult for him to do so unless he actually tried to lock you out (or somesuch). You can breach by failing to pay rent, but he can only breach by removing the benefit of the property from you. NOW- if he does try anything like that, you've really got him and you can feel free to sue the pants off him.
  • robpw2
    robpw2 Posts: 14,044 Forumite
    Part of the Furniture Combo Breaker
    no we signed a new tenacny on the 1st of april


    Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
    Slimmer of the month February , March ,April
  • robpw2 wrote: »
    we paid a deposit at old place and now it was not protected .. he was doing some last month rent thing

    Ah right- did you ever get your last month free, or did you move out to this new place before that? If you paid for month 12's rent at the start of the original tenancy, and you've not yet had a 'free month', then surely this is his deposit?
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