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Landlord demanding 4 months of rent in advance

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Hey

I'm a student currently living in a house on 12 month contract where I have been asked to pay (up until now) in 3 month blocks as per the contract.

For the next period of 4 months I've been asked to pay all of them by tomorrow (as per the contract as well).

As a student I don't the ability to shell out this much cash and it would have been easier to pay monthly but had to accept this contract as no other options were available.

Anything I can do?
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Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    so have you spent it ?
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Pay it monthly until such time as you're able to settle the balance (I presume you're waiting for some lump sum to arrive in the next month), keep the LL updated as to what's going on... they don't have time to evict you in the remaining four months anyway. So be pleasant, inform the LL of your timescales/intent and keep to your word.

    When will you have the money?
  • clutton wrote: »
    so have you spent it ?

    I don't HAVE 4 months of rent just lying around, I have expenses to worry about, food, textbooks etc...

    Pay it monthly until such time as you're able to settle the balance (I presume you're waiting for some lump sum to arrive in the next month), keep the LL updated as to what's going on... they don't have time to evict you in the remaining four months anyway. So be pleasant, inform the LL of your timescales/intent and keep to your word.

    When will you have the money?

    I can pay 2 months now, not sure when I can get the rest but I am certain I could get it before the next 2 month period begins. Are there any relevant bits of law that would allow this? Surely if I don't go into arrears this is fine by law?
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 December 2010 at 1:33PM
    Alex8998 wrote: »
    I don't HAVE 4 months of rent just lying around, I have expenses to worry about, food, textbooks etc...
    I'm ignoring this bit, easier to avoid an answer than to climb up on a horse.

    Alex8998 wrote: »
    I can pay 2 months now, not sure when I can get the rest but I am certain I could get it before the next 2 month period begins. Are there any relevant bits of law that would allow this? Surely if I don't go into arrears this is fine by law?
    Well, the bottom line is you signed the agreement, so you have to keep to it. Paying 2 months now, keeping the LL fully informed and then keeping the LL informed and keeping your word will then make it OK.

    If you don't go into arrears, the LL can't issue you with an eviction notice. That's the bottom line.

    Rent is THE most important bill to pay because it gives you security and peace of mind. Having a shiny textbook doesn't do these two life essentials. Having textbooks is important for your course, but they're no good on a park bench.
  • Lizzy
    Lizzy Posts: 385 Forumite
    As a landlady to students I give the option of the term payments or monthly payments. If you can't do the term one, pay monthly. I had several students not pay December which is a pain because they think its ok to keep me waiting until their Jan loan comes in. As Clutton said it has been spent.

    Don't over worry yourself the landlord will have to wait 10 days until you get your loan through he has no other option. By the time any legal enforcement was to take place you will be up to date. Just make sure you do pay it then, be nice and apologise for the delay. I am sure you will not be the only one.
  • Alex8998
    Alex8998 Posts: 10 Forumite
    edited 30 December 2010 at 1:39PM
    I'm ignoring this bit, easier to answer than to climb up on a horse.


    Don't get me wrong I'm not a typical student slacker getting !!!!ed at every opportunity and waking up at 3pm, my course requires 40 hours of private study time per week, not including lectures AND I work a part time job and still struggle to make ends meet with this supplemental income on top of my loans.
    Well, the bottom line is you signed the agreement, so you have to keep to it. Paying 2 months now, keeping the LL fully informed and then keeping the LL informed and keeping your word will then make it OK.

    If you don't go into arrears, the LL can't issue you with an eviction notice. That's the bottom line.

    Rent is THE most important bill to pay because it gives you security and peace of mind. Having a shiny textbook doesn't do these two life essentials. Having textbooks is important for your course, but they're no good on a park bench.

    Do you have a formal source of law you can give me?
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Alex8998 wrote: »
    Do you have a formal source of law you can give me?
    Google a Section 8 notice - which can be issued once a tenant is 2 months in arrears. Then there's a court case and time ... and another court case ... and a bailiff date.

    Just keep the LL informed, be pleasant - they've done nothing wrong, you were in the wrong for signing an agreement and not keeping to it. Keep them abreast of dates and keep your word. Remember: you'll be wanting a LL's reference in the future and it's you that's done the dirty.
  • moromir
    moromir Posts: 1,854 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Perhaps one of the others could clarify this - theres a lot of talk of the OP 'not going into arrears' but the OP states his contract states the sum of £xxxx (equal to four months rent) is to be paid on xxxxxx.

    If he doesn't pay it, surely he is in arrears, even if he has paid 'two months worth', hes still only paid 50% of what was due and therefore would be in arrears?
  • I think it only counts as arrears if he is living in the house during a time for which he's not paid. So paid for months 1,2 & 3 but is only in month 2 so ok. Paid for months 1 and 2 but is now in month 4 so in arrears.

    Oh I know what I mean, can't explain it!
    :A

  • If he doesn't pay it, surely he is in arrears, even if he has paid 'two months worth', hes still only paid 50% of what was due and therefore would be in arrears?

    He would be two months overdue (relative to when rent is demanded), NOT 2 months in arrears (relative to when rent is 'consumed'). People often misuse the word arrears when they mean overdue.

    But arrears is irrelevant. What matters for a section 8 is overdue.

    However, it would probably take at least a month or two for the landlord to get a Section 8 hearing, and as long as he gets below 2 months overdue (even by one day) by the time of the hearing the section 8 cannot be issued.

    Given that we are at the 2 month's borderline, it would be safer for the OP to hand over 2 months plus one pound, making it impossible for a valid section 8 to be issued at all.
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