Landlord wants rent 2 months early to secure next years contract

kellyjo70

My Landlord is renting to me directly. They bought the house from me last May and I am now renting it back from them after being in a very vulnerable situation (Long story).


When I sold the house I paid a years rent up front so as to avoid credit checks etc (again long story - ex's fault!) That contract ends in May this year.


In January they asked me if I had any thoughts about staying on (I had). They said that, if I didn't stay on, they'd probably start using an agent to secure themselves rent wise, which I can understand. They said that if I stayed with them they'd save money so could offer me 13 months for the price of 12. A good deal considering I'd already thought I'd stay another year. I had a years rent put away in another account when I sold the house so I agreed.


Then this month they asked when they could come round with the contract and for payment. As I said before, I am paid up till May. I asked why so early and they said that was so I could get the deal of the extra month. Not once in January did they said I'd have to pay 2-3 months early to get this deal.


Everyone (except my mum) is telling me not to pay yet as they are gaining my interest on a years rent. They are coming round today with the contract and want the money by the end of the month. I'm being given time to read through it.


I am a single mum and, once this money is paid to them, I don't have a lot left. In fact I am soon to lose Tax credits too so will be a lot worse off. I feel very vulnerable. I know it's only a couple of months and it will be added to the end of my contract but it doesn't feel right.


I do know the landlady quite well and she is lovely but the landlord is a very successful businessman and I feel I could be taken advantage of. (They already got me to drop the price by thousands, knowing I was desperate to sell the house).


What should I do?

kazwookie

What T & C regarding this are in your contract with the landlord?

Guest101

You're renting back the house you sold them, i believe that makes you and assured tenant? (someone may correct me on this) so basically impossible to evict?

kellyjo70

They are bringing the new contract round within the hour so will take time to read it through in depth before I part with my money.

Guest101

kellyjo70 wrote: »

They are bringing the new contract round within the hour so will take time to read it through in depth before I part with my money.

Do this: ask them to read the contract over and get back to them. DO NOT SIGN ANYTHING. and come back here after theyve gone.

I have a suspicion that you are an assured tenant, rather then an assured shorthold tenant, which is a BIG difference.

EDIT: they sound like very ignorant landlords. Maybe nice people, but even so...

kellyjo70

Guest101 wrote: »

You're renting back the house you sold them, i believe that makes you and assured tenant? (someone may correct me on this) so basically impossible to evict?

I know they won't just evict me but I just don't know if I can argue why I am paying the year's rent in Feb when the contract won't start will May.

kellyjo70

Guest101 wrote: »

Do this: ask them to read the contract over and get back to them. DO NOT SIGN ANYTHING. and come back here after theyve gone.

I have a suspicion that you are an assured tenant, rather then an assured shorthold tenant, which is a BIG difference.

I don't know what either of those mean to be honest.

CKhalvashi

Guest101 wrote: »

I have a suspicion that you are an assured tenant, rather then an assured shorthold tenant, which is a BIG difference.

without even looking, I suspect this too.

Get the contract, post back here, and we'll advise further.

princeofpounds

I don't know what either of those mean to be honest.

Well, it's a place to start googling! But in blunt terms, one type of tenant has much more security than the other.

There are lots of issues involved here, from the type of tenancy you might have to the way deposits are meant to be handled.

But one thing that isn't very relevant is the interest on the advance rent. In this day and age, that's going to be peanuts.

Anyway, this is a good place to start asking the questions you have.

kellyjo70

Just googled it. Didn't find much about the rent payment side but it did tell me which was more secure for the tenant.

Guest101

kellyjo70 wrote: »

I don't know what either of those mean to be honest.

An assured short hold tenancy is what most people have, it's a fixed term contract with some legal protections. The LL is able to evict after the fixed te for any reason.

An assured tenancy is much more secure, in essence a LL needs a very good reason ( rent arrears for example) to evict and cannot use the section 21 - no fault, no reason route.