Bit of a dilemma.....

SuzySu

I have been renting for the past year (partner moved out very early on) so I have been covering the rent on my own with no problem.

However, it is now time to renew the lease and with only my name on it, I am now being asked to provide a guarantor as my income means I will not pass the Miras test.

I have income from other sources such as CTC, CB and should be eligible for LHA so will not have a problem meeting the rent this year (it is not being increased either). However, these are not taken into account as 'income'.

What are my options as I know I cannot get a guarantor - I have already tried.

Could I ask the LL to consider renting to me privately? If so, what happens to the 1.5 months' deposit I put down at the start of the tenancy. The LL is calling me this evening to discuss things as the LA have been in touch with her. We get on extremely well and she was "over the moon" when I said I wanted to stay on.

I love the house - it is perfect for the childrens' school etc and really want to stay there.

Jowo_2

The landlord may have a binding contractual agreement with the letting agent that can't be cancelled in the way you wish. Letting agents don't like to let ASTs lapse into periodic agreements because they want the renewal fees.

The landlord can instruct the letting agent to retain you even with an adverse credit rating. Suggest you butter her up and hopes she doesn't mind that you've not told her about your change in circumstances. Are you in the position to offer some extra advance payment of rent to show her that you have good funds, so that there is always a cushion of rent paid in advance of a number of extra months.

What remains unanswered from your previous thread?

http://forums.moneysavingexpert.com/showthread.html?t=1765723

Jowo_2

SuzySu wrote: »

If so, what happens to the 1.5 months' deposit I put down at the start of the tenancy. .

Is it in a Tenancy Deposit Scheme? deposits given after April 2007 have to be protected in TDS and the tenants given the information on which scheme it is in. Therefore, it should require no changes since it is independently protected.

Also, actually, despite the presence of the agent, they are relatively irrelevant from a legal perspective. Everything you sign and do with them, you are doing with the landlord - they are mere intermediaries.

SuzySu

Thanks Jowo.....

It is in the Tenacy Deposit Scheme and I was given details at the time.

This post was regarding my inability to provide a guarantor and the other options (if any) that were open to me. Doesn't sound like there are any tho....

carlsberggal

LL can't I'm sure make you sign up for another six months, if I'm right it can just go on to a rolling month by month basis where you have to give the LL one months notice to leave and he has to give you two

SuzySu

That's an idea, thanks. I think the LA will insist on a new lease, however, especially since it is changing from joint tenancy to single.

Not sure how the LL will feel about the insecurity of not having a year's guaranteed tenancy, but it's worth asking.

Jowo_2

carlsberggal wrote: »

LL can't I'm sure make you sign up for another six months, if I'm right it can just go on to a rolling month by month basis where you have to give the LL one months notice to leave and he has to give you two

Yes, the day after the fixed term agreement expires and the tenant is still in place in the property and has not signed a new one, it automatically becomes a periodic agreement which has the notice periods described as above. It's worth notice that they have to be timed to expire with when rent is due, not just ending exactly one month when given at any point in the rent cycle.

In a way, perhaps despite the lack of security of tenure that you and the landlord may crave, you can persuade the landlord if they have any reservations about your ability to keep up payments due to the drop in income, you could sell this as an ideal opportunity for her to consider it a new probationery period ahead of granting you a new tenancy in your name only.

That way, she knows she has flexibility to evict you in the event of arrears while you have a period in which to show her that you can manage payment of rent without a problem, plus she can pursue the other joint tenant, too, as all the original conditions still exist during a periodic tenancy.

But it does mean that the other joint tenant has the right to reside in the property, and should they choose to give notice, it ends the tenancy agreement for both parties, leaving you to negotiate a new one which the landlord is able to refuse.