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

Catblue

robpw2 wrote: »

no we signed a new tenacny on the 1st of april

Then he's obviously a loon.

Do not get drawn into an argument with him. Just tell him that you intend to adhere strictly to the terms and conditions set down in the tenancy agreement.

Tell him that every time he comes up with some other bonkers idea.

tbs624

It is possible that he should have had a guarantor in place so that he could sign up for one of the rent guarantee insurance policies, and is panicking because he failed to sort that out at the start However, now that you have been signed up and you have possession of the property there really is not much he can do about it. Short of you breaching your tenancy terms he cannot kick you out before expiry of your Fixed Term

tbs624

robpw2 wrote: »

.......i mean if he had served me a section 8 notice fair dos he could do something about it but this bit of paper he has given me is useless

Why would he serve you with a S8 notice - do you have rent that is unpaid?

robpw2

no but if he wants to end a tenancy before the end of the tenancy agreement this would be his only option .. he has incorrectly given me a section 21 notice that means nothing

teeni

he can only issue with a section 8 notice if you are in breech of the tenancy agreement, so unless you have breeched the agreement in some way you would have an absolute defence to any such notice.
What date does the s21 say you have to vacate is it the end of the 12 months term he can issue it when he likes but it can not be relied upon until the end of the term. Is there a break clause that allows either party to end the tenancy after 6 months , often is in a 12 month tenancy and this could be brought in to play at this time.

robpw2

no break clause
the section 21 should not have any dates for this year not till next year we only moved in last month

teeni

robpw2 wrote: »

no break clause
the section 21 should not have any dates for this year not till next year we only moved in last month

s21 should say after

---

date even if it is next year
if no date on it possibly not valid anyway

silvercar

He can serve a section 21 now requiring you to leave at the end of the fixed term.

robpw2

yes but that not what it says it says we need to leave in july 2009 the ast isnt up till march 2010
so the section 21 has been used incorrectly

silvercar

robpw2 wrote: »

yes but that not what it says it says we need to leave in july 2009 the ast isnt up till march 2010
so the section 21 has been used incorrectly

Accepted. So once he finds out that its not valid, he will serve a correct one. All this S21 has done is let you know he is not happy with the lack of guarantor and/or deposit and therefore he will not be offering to extend the tenancy at the end of the fixed term. He has time to get his act into gear and get a corrected S21 to you by the time he legally needs to.

You have to decide whether renting from this landlord is something you want long term. If you are happy with moving at the end of the fixed term then you can ignore him. If you would want to stay then you need to communicate.