Landlord wants rent 2 months early to secure next years contract

CKhalvashi

kellyjo70 wrote: »

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

Which is why our advice will be very useful to you.

I've spent a long time working with homeless/ex-homeless, and although I don't know the background of the other posters here, they also appear to have a good understanding of the law.

Guest101

kellyjo70 wrote: »

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

To put your mind at ease there is no ( zero, nada, none) obligation for u to pay this rent upfront.

The difference is if u don't, and have AST, as opposed to AT, they could just evict u and get someone else

theartfullodger

kellyjo70 wrote: »

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).,....../

So that was a "Sale & rent back" deal:

The tenancy you SHOULD have been given was AT
LEAST 5 years.
http://www.adviceguide.org.uk/england/debt_e/debt_mortgage_problems_ew/debt_how_to_sort_out_your_mortgage_problems_e/sale_and_rent_back_schemes.htm

Suggest you contact CaB to discuss... or call Shelter 0808 800 4444.

Cheers!

kellyjo70

This sounds like my agreement:


http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_shorthold_tenancies

kellyjo70

Thanks for the advice so far. Will read through the contract when I get it and let you know...

Guest101

kellyjo70 wrote: »

Thanks for the advice so far. Will read through the contract when I get it and let you know...

Again someone could correct me on this, but would the assured tenancy be created by law and therefore despite the type of contract an assured tenancy created?

CKhalvashi

Guest101 wrote: »

Again someone could correct me on this, but would the assured tenancy be created by law and therefore despite the type of contract an assured tenancy created?

Very possibly.

In my opinion, it would technically depend on whether the house was sold legally (as in whether LL is regulated or not)

I'm going to seek further advice out of interest, and will post back when I know (probably tomorrow morning)

G_M

kellyjo70 wrote: »

This sounds like my agreement:


http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_shorthold_tenancies

This is what people here are debating.

The link you've given is to 'Assured Shorthold Tenancy' - limited rights.

You may well have 'Assured Tenancy' - greater rights/protection.

It does not matter what the document you have/signed says. What matters is how it was created etc. The crux here is that you were already in occupation (as owner) before the tenancy started.

As others have said, do not be pushed, cajoled, or intimidated into paying, or signing, anything today.

Say as little as possible. Thank the LL for coming round with the contract, offer her a cup of tea and discuss
a) the weather
b) her children (if any) &/or your children
c) the problem with the roof/boiler/garden fence whatever
d) the neighbours
e) the way petrol prices have come down
f) the increase in the number of nuisance marketing phone calls/scams you are getting
g) ie anything but not the contract.


If pushed, tell her you you'll have to reiew your finances (ie about the advance payment) and need time to do this and to look through the contract and will get back to her next week.

jjlandlord

What would make such tenancy a plain assured tenancy?

Pixie5740

jjlandlord wrote: »

What would make such tenancy a plain assured tenancy?

Sale and rent back schemes are regulated by FCA. There are certain rules they must follow, one of which is giving the vendor/tenant a fixed term tenancy of 5 years. Whether that's Assured or Assred Shorthold I don't know.