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Landlord demanding 4 months of rent in advance

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  • tbs624
    tbs624 Posts: 10,816 Forumite
    Alex, please bear in mind that as soon as you fail to pay the rent in advance in full as per your contract you risk your landlord issuing you with a Section 21 Notice aka a "No Fault Notice". This is not contestable and a court will award the LL possession. You might not have to vacate on the very day that possession is awarded but go you inevitably will. This is the main reason why you have been advised to keep your LL fully in the picture as to what you are proposing to do about your rent payments.
    Many student Ts do of course move on each academic year at FT expiry anyway, especially in these circumstances where they are tied in to a greater rental period than they would prefer. :) Late payments obviously don't help with LL references for the next place though........
  • Wings
    Wings Posts: 190 Forumite
    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.

    Section 8 and another Notice can be issued for other reasons than rental arrears, although PasturesNew i agree with your overall advice to the OP. As a LL with student lets, i would be more than pleased if my students (figure of speach) tenants paid promptly a months rent in advance.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Wings wrote: »
    Section 8 and another Notice can be issued for other reasons than rental arrears, although PasturesNew i agree with your overall advice to the OP.
    As already stated, if the T's rental period is in fact quarterly then talk of "2 month arrears" as per PN's post is not appropriate in term of a S8, G8 Notice. PN is of course right that the issue of any rent underpayment needs to be discussed between T and LL.

    If you are also referring to a S8, G10 and or G11 Notice remember that they are *discretionary*

    T has said that this is 12 month let - it sounds as though the LL has strangely set irregular "rent due" dates: 3 months, 3 months, 4 months and a final 2 months.

    It could, however ,be that the rental periods are in fact regular quarterly ones and that the LL is trying to ease some kind of cash flow issue by asking for an extra month's advance rent at the point that the third quarter payment becomes due.

    Obviously if the T can currently only raise *two* months' worth of rent s/he would still have a shortfall on a standard quarterly payment but if it was a one-off occurrence it would not qualify as "persistently" delayed payment for a G11 notice.
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