Letting Agent demanding rent be paid in advance

fiodyl

Hi, I am looking for some advice about whether the letting agent of the property I rent is allowed to suddenly change when I'm due to pay rent.


Background information is: I've lived in this house for 6 years, quite happily with no issues from any party until recently. Late last year the letting agent who manages the property was taken over by another company. Since the start I have had 6 month contracts and pay the rent on that date, for the full 6 months in advance. This was because when I first moved in I was still a student and didn't have a guarantor. I am happy with that arrangement though as I just transfer the amount of the rent into a savings account each month, so that its all there ready to pay at the end of the 6 month period.


Anyway the current 6 month contract expires on the 13th of next month (March) and I recently had a new contract through the post to sign. I did so and returned it by post but yesterday I received an email from the letting agents stating the following:


'We have received your signed contract, however we will not be counter-signing it until the 6 months rent has been paid to us in full. As this payment was due on the 13th January it is now overdue and unless we receive this payment from you by 5pm today, we will be putting the property back on the market first thing in the morning.'

I have never had to pay the rent an extra 2 months in advance in the past and this is the first I have heard that they want me to now do so. I don't have the full amount until I get paid at the end of the month, but also don't really want to be having to pay even further in advance than I already am. Are they allowed to do this? And where do I stand legally if I don't pay the rent until the date it is actually due in March?

stator

What does your tenancy say about when the rent is paid?

Guest101

Speak to your LL, tell the letting agent that you won't be allowing any viewings as you have accepted their offer of a 6 month fixed term. - did you keep a copy??

fiodyl

The current tenancy (which runs out on 12th March) says '£XXX PCM for every calendar month of the tenacy payable 6 months in advance.'

The new tenancy said something like £XXX payable on the 13th of each month. No mention of paying 6 months in advance anymore (although I'm happy to continue doing so) and definitely nothing about it being payable a further 2 months ahead of time either.

stator

Then I would write back to the agency, by letter not e-mail, saying that they have confused your tenancy agreement with someone else and that you are happy to pay your rent monthly as the tenancy agreement stipulates. Tell them you will no allow viewings. And send a copy to the landlord asking whether they are happy with the arrangement.

fiodyl

No I didn't keep a copy of the new contract, I signed both then sent them back for the letting agent to sign. I assumed they would and then send me back my copy to keep. I've never had any problems in the past (old letting agent) doing this so didn't for see these issues unfortunately.


I don't have any contact details for the landlord either as I believe they live abroad, always just gone through the letting agents. I will try to find something though as I don't think they are aware of all this.


So am I ok legally to not pay the rent until 13th March ( I usually do it sometime the week before to allow the payment to clear) without fear of coming home one day to find a To Let sign in the front garden?

Guest101

fiodyl wrote: »

No I didn't keep a copy of the new contract, I signed both then sent them back for the letting agent to sign. I assumed they would and then send me back my copy to keep. I've never had any problems in the past (old letting agent) doing this so didn't for see these issues unfortunately.


I don't have any contact details for the landlord either as I believe they live abroad, always just gone through the letting agents. I will try to find something though as I don't think they are aware of all this.


So am I ok legally to not pay the rent until 13th March ( I usually do it sometime the week before to allow the payment to clear) without fear of coming home one day to find a To Let sign in the front garden?

Do you have a UK address for the LL? What's it say on the tenancy?

Legally you're fine. A to let sign is meaningless. It's advertising.

squeeks

Are you sure you need a new contract?

If you are currently on a 6 month contract with a 6 month rental period (the amount of time between paying the rent) you should be able to continue the contract on a statutory periodic basis i.e. at the end of your contract you stay put and pay the rent that would be due for the next 6 months.

Guest101

squeeks wrote: »

Are you sure you need a new contract?

If you are currently on a 6 month contract with a 6 month rental period (the amount of time between paying the rent) you should be able to continue the contract on a statutory periodic basis i.e. at the end of your contract you stay put and pay the rent that would be due for the next 6 months.

The contract states the rental period as a month. Rent to be paid monthly at £xxx, paid 6 months in advance. But a good point none the less.

jjlandlord

Considering that OP said that he has always paid the full 6 months in advance (over the last 6 years) I think that it is not unlikely that the wording of the agreement would therefore be interpreted as such, IMHO.

fiodyl

Just had a voicemail left while at work saying the property is on the market and the first viewing will be Tuesday next week at 3pm. I'm on my lunch break and trying to get through to letting agents phone number (answer phone every time) but seriously panicking now that I won't have a place to live in a few weeks time.Help!