Tennancy Agreement

Armaghgeddon

Hi everyone,

Happy St Patrick's day from Belfast.

I am a student that is in a spot of bother. My tennancy agreement is with another flatmate so I have spoke to the landlord and he has said that he will let me out of the agreement if I can find another tennant. I have also said tha I am having some financial problems atm, which we dd not go into great detail about.

As I am not able to afford the rent, would it be possible to pay the rent back in smaller amounts over a longer period of time. If they disagree could they take me to court - even though I am not saying I will not pay them - also, could they contact my guarantor for the money?

Kind regards

Emmzi

they could do both of those, and they'll go to the guarantor first because it is easier than court. Why would they agree to small payments when they could ask the guarantor for the lot in one go?

Armaghgeddon

Emmzi wrote: »

they could do both of those, and they'll go to the guarantor first because it is easier than court. Why would they agree to small payments when they could ask the guarantor for the lot in one go?

Im not trying to dodge the payment of rent, would prefer to pay it in smaller sums over a period of time.

*Robin*

Armaghgeddon wrote: »

Im not trying to dodge the payment of rent, would prefer to pay it in smaller sums over a period of time.

Maybe your guarantor would be happy for you to repay him/her in instalments, after he/she has paid your rent. That is what a guarantor has to do; pay the rent if you don't. You'd better have a word with him/her.

G_M

Of course in your position th best solution is to be honest and have an open discussion with your landlord.

try to reach an agreement about payments. If he believes you are being genuine with him, and he trusts you, he is more likely to be flexible.

But the alternative is .. yes, as soon as you are in arrears he can go to your guarantor and request full payment.

And if your guarantor does not pay the arrears, then the LL can take either you, or your guarantor, or both, to court.

Ending the tenancy early sounds like the best solution as it will minimise the arrears since you have financial difficulties - but again, you need the LL's agreement. Why should he agree to the expense of getting a new tenant? Credit checking them? (did he CC you?). You may need to offer to pay for these expenses as well as finding a new (acceptable) tenant in order for the LL to agree to Early Surrender of the tenancy.

Emmzi

Armaghgeddon wrote: »

Im not trying to dodge the payment of rent, would prefer to pay it in smaller sums over a period of time.

I completely understand that but again, why should the landlord subsidise your financial crisis when they can just go to the guanarntor and have all the cash now? They're running a business, not a charity!

I'm guessing a) you partied a bit hard on the cash b) guarantor is a parent c) you're embarrassed.

Time to get over it. Best tell them now and get it over with.

Armaghgeddon

Emmzi wrote: »

I completely understand that but again, why should the landlord subsidise your financial crisis when they can just go to the guanarntor and have all the cash now? They're running a business, not a charity!

I'm guessing a) you partied a bit hard on the cash b) guarantor is a parent c) you're embarrassed.

Time to get over it. Best tell them now and get it over with.

a) wrong, dont drink.
b) wrong again, sister
c) No, would prefer to sort out my own problems other than getting other people involved.

Emmzi

Armaghgeddon wrote: »

a) wrong, dont drink.
b) wrong again, sister
c) No, would prefer to sort out my own problems other than getting other people involved.

well, I did say it was a guess. Not your sister. And the way to sort it is clearly to pay up!

Armaghgeddon

Ok one other thing.

I found a tennant today and she asked about paying by DSS. I had previously asked him about finding another tennant but he never mentioned any restrictions on who I can get to replace me. I then asked the landlord if he would accept a tennat paying DSS but he instantly refused. I have read that there can be problems with such payments, but would it be a good idea to suggest a guarantor or even two? I know he is under no obligation to accept a DSS tennant but he has said that he would do anything to help but now I think he is being unreasonable.

Another thing, he refuses to accept any other payment by cash. I recieve no receipt of transactions, just a rentbook that he signs every month when he does collect it and it is a book that he put in place. I have become suspicious that he is dabbling in tax evasion.

What should I do?

BitterAndTwisted

A landlord not being willing to accept someone claiming State benefits is not unreasonable: it's calculated business risk. Whether they can supply a guarantor or not. It's also the landlord's choice about what form the rent-payments take: there is a rent-book and that book acknowledges receipt of the cash paid, so what's the problem?

Find an acceptable alternative tenant for the landlord or your own liability continues. Court or guarantor: that's up to the landlord. Either way, you'll have to pay what's owed. Court means you'll be made to pay the landlord's costs.

Armaghgeddon

BitterAndTwisted wrote: »

A landlord not being willing to accept someone claiming State benefits is not unreasonable: it's calculated business risk. Whether they can supply a guarantor or not. It's also the landlord's choice about what form the rent-payments take: there is a rent-book and that book acknowledges receipt of the cash paid, so what's the problem?

Find an acceptable alternative tenant for the landlord or your own liability continues. Court or guarantor: that's up to the landlord. Either way, you'll have to pay what's owed. Court means you'll be made to pay the landlord's costs.

I would prefer to pay by DD, but he has insisted I am not allowed to do this.