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6 months rent upfront

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  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 29 January 2015 at 1:09PM
    Stop communicating with them. It will only esalate pointlessly.

    Ignore their emails about this issue.

    Continue to pay your monthly rent. When the 6 months ends, stay, and pay for month 7. A month ater, pay for month 8.

    Ignore threats. There is nothing they can do except:

    1) take you to court for rent arrears, and lose since you are paying rent according to the signed agreement
    2) serve a S21 Notice with 2 moths notice, then evict. Mad! The LL will never kick out a reliable paying tenant and have the loss of rent, and costs of finding a new tenant.

    the ONLY communication I advise is
    Dear Mr Agent,

    Kindly send me the correct address of my landlord Mr XXXX (name on the tenancy agreement).

    As requred by Section 1 of the Landlord & Tenant Act 1985, kindly do so within the 21 days required by the Act.

    For the avoidance of doubt, I am not seeking the address 'for the serving of notices' (required by the 1987 Act)but the landlord's actual address.

    Yours sincerely,

    iamlink

    cc (relevant scheme)
    Send this by 1st class LETTER, and ask the post office for 'Proof of Posting'. Don't use recorded or signed for delivery.

    You could first check which of the 3 schemes (see below) the agent belongs to, and send a copy there (put cc at the bottom of your letter so the agent knows)

    Since 1st October 2014, the Enterprise and Regulatory Reform Act 2013 S83 requires letting agents in England to sign up to one of 3 schemes:

    * The Property Ombudsman
    * Ombudsman Services Property
    * Property Redress Scheme
  • iamlink
    iamlink Posts: 25 Forumite
    They sent a section 21 dated 22nd Jan, then they called on Tuesday 27th saying they would like me to stay. I paid my renewal fee, and signed the contract yesterday (28th Jan 2015), but they kept both copies of the contract. I was told that signing & paying this £60 would essentially null and void the section 21 notice.

    I'm about to get started on a complaint letter to their head office, and have found out they are a member of the Property Ombudsman scheme.

    I've requested a copy of the contract signed yesterday, and if they should refuse to provide it, I'm hoping that denial will go in my favour. Still unable to get in touch with guarantor (stepdad) or my mum. Really stressing out.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I assume you have evidence (receipt? cheque number?) of the £60 payment.......?

    Stop getting stressed - thi is NOT an issue. You have a valid tenancy. Just relax and keep paying your rent.

    Your guarantor is not relevant so need not be contacted (except for emotional support!) as you do not have any debts.
  • iamlink
    iamlink Posts: 25 Forumite
    Receipt yeah
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    iamlink wrote: »
    Has the letting agents name

    :eek: This is Northwood Lettings so in this case they are your landlord because it's one of these rent guarantee schemes.

    6 months rent upfront plus a guarantor seems a bit OTT.
  • iamlink
    iamlink Posts: 25 Forumite
    I could understand when I was out of work, but now I am working, that doesn't make any difference, they still want rent upfront!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Pixie5740 wrote: »
    :eek: This is Northwood Lettings so in this case they are your landlord because it's one of these rent guarantee schemes.

    6 months rent upfront plus a guarantor seems a bit OTT.
    Ah, if that's the case ignore my darft letter!

    And ignore ALL their frantic and/or threatening communication.

    Just pay your rent like a good tenant.
  • iamlink
    iamlink Posts: 25 Forumite
    Ergh, lets see if they produce the tenancy agreement! I have a hand written receipt, stating £60 was paid for renewal fee, so at least that's something. I'm not going without a fight when they are the blooming incompetent folks!
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Pixie5740 wrote: »
    :eek: This is Northwood Lettings so in this case they are your landlord because it's one of these rent guarantee schemes.

    6 months rent upfront plus a guarantor seems a bit OTT.

    U beat me to it, yes there notorious for their rent guaranteed scheme.

    They won't evict willy billy though, as they get no search fees from the LL
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Think. Subject access request and £10 fee will produce the new agreement if they don't voluntarily.
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