house rental urgent advice please

gooders44

Urgent advice please........we're in rented and have had a couple of hiccups with paying rent due to being unemployed. Now back in employment and back on track with rent but our rental agreement ends in april and our landlord has informed us that we can't renew without a guarantor. We have no family or friends in a position to be one. We are absolutely stretched financially and unable to find alternative housing without stumping up huge fees and again a guarantor. We are terrified with 3 kids that we are going to be out on the streets, its making me ill with worry. Any advice please would be much appreciated.

happy_bunny_2

Take a look on here and maybe give them a call?
http://england.shelter.org.uk/?_ga=1.182433571.509610657.1398894506

Good luck

HB

Smi1er

Can I assume you are now up to date with rental payments?


If so then don't worry. First you don't have to renew your tenancy, you simply enter into a statutory periodic tenancy. Very very few LL's will evict a tenant who is up to date with rent. Explain the situation to him that you were out of work but now have that sorted and are back on track, and your children love the house, and you're happy, but you are unable to get a guarantor.


If not then what do you expect? They have a house as an investment, they aren't a charity.

jamie11

^^^^ exactly that.

Do not offer to sign any further fixed term agreements, that will allow you some flexibility if you do decide to move.

If you feel you might need some help with the rent ongoing there's nothing to stop you applying for LHA if you qualify, you do not have to tell your landlord where your funds are coming from. It's always best and easiest to stay in advance with your rent though.

Pixie5740

Your tenancy doesn't end until it's ended by either you or a court. I assume that you haven't served notice. Has the LL issued any kind of notice?

Assuming that you're in England or Wales then at the end of the fixed term you automatically start a Statutory Periodic Tenancy. This doesn't reuire any extra paperwork.

HPowell

Smi1er wrote: »

Can I assume you are now up to date with rental payments?


If so then don't worry. First you don't have to renew your tenancy, you simply enter into a statutory periodic tenancy. Very very few LL's will evict a tenant who is up to date with rent. Explain the situation to him that you were out of work but now have that sorted and are back on track, and your children love the house, and you're happy, but you are unable to get a guarantor.


If not then what do you expect? They have a house as an investment, they aren't a charity.

I totally agree with Smi1er's thought. You should actually talk to them and have to explain all this things.:o

gooders44

Thanks for advice.....am up to date with rent but LL says as I was late by a couple of days paying rent on a few occasions then I must leave when my tenancy agreement ends unless I can get a guarantor........the statutory periodic tenancy sounds a good route to try. In law can LL refuse to enter into one?

theartfullodger

Landlord cannot prevent this happening if you remain but 1 second after end of fixed term. He cannot (may not, legally not allowed to) evict you any other way you than due process, court etc..

However landlord can evict you after fixed term - s21 2 months notice then court order then bailiffs - for no reason at all: Even perfect tenant, always paid on time, place perfect, neighbours love them..

Were you served an s21 some time already?

Good luck: I'm sure we've all missed the odd bill: I have !

(I am a wicked evil capitalist landlord ).

Pixie5740

See G_M's guide to Ending/Renewing an AST. It references Acts and case law.

If your LL thinks that your tenancy will just end because the fixed term ends then I think he/she is a little naive.

stator

My advice would be to keep quiet unless your landlord contacts you. Don't tell them you want a statutory periodic, just wait for it to happen automatically.
If he asks if you want a new tenancy you could imply that he can send you the forms and then just ignore them. Your tactic should be to delay until it becomes a statutory periodic automatically.

He may evict you, so it's worth starting to be prepared to look for somewhere else. But he can't do it unless he serves you with formal notice, just wait and hope he doesn't.

If you suspect he might try and force you out change the locks to prevent an illegal eviction.

ps is your deposit protected?

Foxy-Stoat_3

I would keep paying on a SPT and never be in a position where you are late again. After paying on time or early for 6-12 months ask to sign another 6-12 months AST.

If you can get 1 month ahead, it would help secure your future in this property.

Only leave if the LL issues the correct S21 notice, I wouldn't stick it out to be ordered to leave by a court as the reference this LL gives made effect your next rental property.

I remember I asked a few questions from my tenants last LL and one of them was the reasons why and how they left the last property.