6 months rent upfront

iamlink

I moved into my flat in September last year, and as I was not working at the time, I was required to pay 6 months rent up front.

I have recently had a letter asking if I wish to renew my tenancy - which I do. Yesterday I rushed over to the letting agent to pay the £60 renewal fee, to be told I have do pay then 6 months rent up front again DESPITE now being employed full time. They have not asked for proof of income, and have already started advertising the property to let, even though my tenancy doesn't end until 25th March.

I am unable to magic up £2160 by the end of today as they have demanded and am at a total loss as to what to do. Can anyone offer any advice,

Pixie5740

Where is the property? England, Wales, Scotland or Northern Ireland?

What type of tenancy do you have? What date did your tenancy start? Have you been served any kind of notice from the LL or LA (check it might have been served back at the beginning of your tenancy?)

SerialRenter

Assuming you're in england/wales with an AST.

You are under no obligation to stay within a fixed term, you can go into a statutory periodic tenancy, which wouldn't require you to pay the letting agency any fee's.

However the wording of your tenancy agreement is important in this case, by paying 6 months upfront, your tenancy period could be 6 months, rather than 1 month, which means without the landlords agreement (ignore the letting agents) you may be stuck.

Most landlords are reasonable though, and i suspect, if you write a letting to the landlord (address should be on your tenancy agreement) explaining that you are in full time employment and would like to pay monthly, plus go periodic, they may agree.

£60 per 6 months is extortionate, so it might be worth putting into your letter this is why you wish to go periodic.

iamlink

6 month shorthold tenancy started on 25th Sept 2014 - England. I got notice from letting agent, then they said they actually wanted me to stay - hence me going to their office yesterday.

If I have another 2 months of my tenancy, why would I need to pay upfront NOW, and not when the new tenancy starts?

Pixie5740

Get your tenancy agreement out and see what, if anything, it says about paying your rent 6 months in advance. If it says nothing then just say to the letting agency that you're happy to continue living there on a Statutory Periodic Tenancy (which is what will automatically start at the end of your 6 month fixed term) and are now in full time employment so would like to pay your rent monthly. If you get no joy with the letting agency then go direct to your LL.

iamlink

The agreement says nothing about the prepayment and I have asked a number of times if I can pay monthly buy they refuse - on what grounds I am unsure. I have a guarantor who originally puy the money up for the first 6 months. It just seems utterly ridiculous. When I got home from their office yesterday, they've already put up a to let sign.

However, I did sign the new contract yesterday that states monthly payment although I didn't get a copy because they want the rent upfront by close of business today... Still...it's signed.

iamlink

Also, I don't have the landlords details.

SerialRenter

iamlink wrote: »

they've already put up a to let sign.

However, I did sign the new contract yesterday that states monthly payment although I didn't get a copy because they want the rent upfront by close of business today... Still...it's signed.

If you've already signed the contract then the property is yours for the next 6(+2) months and they can't relet it. So they're just trying to bully you. If it also states it's to be paid monthly, then that's what you do.

If they ring you up, quote this to them, if they disagree, i'd write to the landlord and tell them their letting agent is incompetent.

I don't have the landlords details.

The letting agent must provide this, put the request in writing as per section 1 of the Landlord & Tenant Act 1985, they have 21 days to reply.
(section 48 of the Landlord and Tenant Act 1987 is also relevant).
If there is no address for the serving of notice, then it's one of the few situations where rent can be withheld, although i wouldn't recommend it.

You could always get their details by searching your rental address in the land registry (costs a few pounds)

iamlink

I don't want to be a pig about any of it. I just want to stay in my flat. I didn't get a copy of the contract yesterday, so they could just destroy it and say it never existed?

Pixie5740

Then stay in your flat and in month 7 just pay 1 month's worth of rent. It would be daft to evict a paying tenant for no good reason.

Did you actually sign anything when you paid your £60 yesterday?

iamlink

Signed another 6 month contract that states 'rent £360 per calendar month paid in advance by equal monthly payments... '

Just had a call from them and they've called me decietful saying ' the contract was signed in the understanding that rent would be paid upfront ' and I was asked 'do you have a copy of that contract? '