Landlord's Phone Call For No Reason!

tenant_london

I am a tenant in a flat in London.
I'm in a flat with a contract for 1 year.
I paid 6 months in advance from 25th of August 2009 until 25th of February 2010.
There is also a deposit of 1 month rent (£866).
We agreed after the 6 months I will pay month by month and not in advance.

Okay, so here is my story:
My rent is already fully paid until 25th of February, I paid for the flat through estate agent so I think the estate agent should be my contact person, although the landlord's office is very close to me, so I do see him very often, but in any case, I wanted to ask you.

1) The landlord called me today telling me I need to pay a month in advance so I need to pay for 25th of February - 25th of March today.
2) I am very upset with the fact the landlord called me for payment, isn't it the estate agent's job to call me and do all the arrangements?
3) I told him I need an invoice and I don't want to pay anything until I receive an invoice, I sent an email to the estate agent with all this information.

Generally speaking, what the landlord did was not crossing the lines?? :mad:
Why does he call me to ask for payment?
Why the estate agent isn't in touch with me instead?
Also, the contract says

Rent: $866.67 Monthly
The tenant agrees with the landlord:
3. Rent & Charges
(3.1) To pay the rent on the days and in the manner specified to the landlord.

That's all it says about rent payment.
I wanted to ask you if the landlord is okay to ask for a payment now and also do I have the right to first ask for an invoice before I pay anything?

Thank you.

Fire_Fox

Your legal contract is with the landlord not the letting agent, so the landlord is quite within his rights to contact you directly. However it would have been more professional to deal with this in writing by recorded delivery, and I would recommend you do this so that you have a paper trail in case anything goes wrong.

You absolutely do not need an invoice, you have an AST which is the legal document binding you to paying your rent on a particular day each month, usually the same date that you moved in. Your rent is currently paid up to 24 February so as far as I can see your next rent is due by the 25 February in cleared funds (so NOT a cheque on that day). This rent payment will cover 25 February to 24 March inclusive.

Jowo_2

An agent is a mere intermediary of the landlord - your contract is with the landlord. In other words, you have a direct legal relationship with the landlord.

Do the agents manage the property (i.e. you contact them with repairs) or was the agency just employed to find the landlord the tenant? Perhaps the landlord only had a contract with the agency to manage it for the first 6 months. Ask them, not us.

Why do you need an invoice? Your contract indicates what is due and when. You have no rights to withold rent when it is legally due for any reason. Failure to do this is a breach of contract and landlords will typically serve notice on non-paying tenants. Perceived failure on their part to honour their obligations does not entitle the tenant to stop paying the rent. I'm not aware of any legal obligation for a landlord to issue an invoice as a pre-requisite for a tenant to pay rent.

It does sound to me that you do not need to pay rent until 25th Feb. Rent is typically paid in advance (not in arrears at the end of the rental period). it's the norm, for example, if a tenancy commences on the 1st of the month and rent is due on the 1st of the month, to pay for the month ahead on the first of that month, not until the month has elapsed.

JayZed

Doesn't sound right to me. If you're paying in advance (which is perfectly reasonable) then your payment for the period 25 Feb-25 March should be due on 25 Feb, not now. I don't think it's unreasonable for the landlord to contact you, but unless I'm missing something, he's a month ahead of himself.

tenant_london

Thanks for the replies.
Okay, if no invoice is to be requested, if I pay can I ask for a receipt?? I mean I want a sort of confirmation that I'm paying for rent there for any case and who knows what could be in the future, you know?
Is he obligated to give me a receipt when I pay?!
Does the receipt need to be official on headed-paper or just a piece of paper?! (I'm sorry I don't trust some people in this world you know)

One more thing, I personally don't mind to pay now if it makes him happy but if you say I don't need to what should I do? I mean do I get any benefit of saving the argument and paying now or should I insist on paying the rent only next month?!

DVardysShadow

There is a potential ambiguity between

• A month's rent in advance

[1 month's rent is due on 24th Feb to cover 25th Feb to 24th March. This is one month's rent in advance by 1 day - it is also the normal way of paying rent]

• Rent a month in advance

[1 month's rent is due on 25th Jan to cover 25th Feb to 24th March. This is rent - coincidentally for a month, defined to be paid a month in advance

Tenant, do check your tenancy agreement and I think you will find that you are on the first definition. Also, is your AST for just 6 months or is it for longer? If it is for 6 months, your tenancy will become 'statutory periodic' which means that certain terms of the agreement are defined by law.

Don't go off on one about the LL, just saunter down to the agent and confirm your plans to pay the rent. But do just consider why the LL came around. Is it because he is in financial trouble. Just keep it in the back of your mind.

Jowo_2

if you pay by cheque or BACs, you will already have an audit trail to confirm you made the payment but there's no harm in asking for a receipt. if you prefer to pay by standing order in future so that it automatically comes out of your bank account on the day its due, ask your landlord/agent for a standing order form.

tenant_london

DVardysShadow wrote: »

There is a potential ambiguity between
Tenant, do check your tenancy agreement and I think you will find that you are on the first definition. Also, is your AST for just 6 months or is it for longer? If it is for 6 months, your tenancy will become 'statutory periodic' which means that certain terms of the agreement are defined by law.

Don't go off on one about the LL, just saunter down to the agent and confirm your plans to pay the rent. But do just consider why the LL came around. Is it because he is in financial trouble. Just keep it in the back of your mind.

Thanks for your reply.
Can I ask what is AST please? :huh:

The contract is for 1 year, not 6 months but the contract was 6 months in advance and the remaining month by month, I did it as a good faith.
Where in the contract can I find this information?

Am I allowed to upload a scan of the contract to here just deleting the names or better not?! Please advise...

Jowo_2

AST - Assured Shorthold Tenancy

tenant_london

Jowo wrote: »

AST - Assured Shorthold Tenancy

I have a bank account here but I normally pay cash.
Now when I think about what you say it's better to pay directly from the bank so I would have a trail of the money being paid.

That's better that way?
Or perhaps cash and receipt with my name on it is better?

tenant_london

Jowo wrote: »

AST - Assured Shorthold Tenancy

That's the contract?