Rent six months in advance

Gavin234

I paid six months in advance when we moved in because I had poor credit rating.

I didn't realise in the contract it says another six months in advance is due at the end of every six month period.

I have requested I pay monthly from now on, waiting to hear the reply.

If they say no, but I can't come up with six months, but as long as I pay every month then I'm not in default and they can't kick me out until the end of the contract right? It's a two year contract and I'm six months in, if I just pay monthly from now on they can't say I'm in default can they?

Pixie5740

What does your tenancy agreement say about the frequency of rent payments?

Marktheshark

You should have saved a months rent every month for the last six.
You spent it didn't you ?
Set up a standing order for the rent monthly.
Until its two months late they can not serve a S8 and would have to s21 to get the property back.
However if rents getting paid they would be daft to do that.

jjlandlord

If you must pay in advance every 6 months and you don't then of course you are in default and in arrears.

As to whether they could evict you: It would be at a court discretion during the fixed term tenancy.
However, if there is a break clause in your tenancy agreement then your landlord could use it to end the fixed term tenancy. After that he wouldn't need any ground to evict you.

Double_V

Happened same thing with me.
I called my housing association and requested for the rent to be paid monthly as my financial circumstances changed.
They didn't say anything, and changed it over. And sent me paperwork.

I think you should be fine.

As most of the these letter do state, "if you are having difficulty in payments please give us a call" or something along those lines.

Marktheshark

jjlandlord wrote: »

If you must pay in advance every 6 months and you don't then of course you are in default and in arrears.

Would be in six months time.
Rent is periodical, in that if a Months rent is due and you dont pay that month, when that month has expired you are in month "arrears"
Owing six months rent is not the same as in arrears for six months rent just as until the period it covers expires its not in arrears.

You can not be six months in arrears for six months that has not happened, just as tomorrows bus can not be late today.

thesaint

Marktheshark wrote: »

Would be in six months time.
Rent is periodical, in that if a Months rent is due and you dont pay that month, when that month has expired you are in month "arrears"
Owing six months rent is not the same as in arrears for six months rent just as until the period it covers expires its not in arrears.

You can not be six months in arrears for six months that has not happened, just as tomorrows bus can not be late today.

If six months rent is due on the 1st of Jan, and it is not paid, the tenant will have 6 months rent unpaid on the 2nd of Jan.

jjlandlord shouldn't have used the term "arrears".
The court are interested in "unpaid" rent, not "arrears".

jjlandlord

thesaint wrote: »

jjlandlord shouldn't have used the term "arrears".
The court are interested in "unpaid" rent, not "arrears".

The courts are interested in both.

In ground 8 of section 8 what matters may be how much is unpaid or how much is in arrears and by how long depending on the period of the rent.

It does not include rent payable every 6 months, though. Hence why I wrote that it would be up to the court to decide what to do should the landlord start eviction proceedings.

Marktheshark wrote: »

Owing six months rent is not the same as in arrears for six months rent just as until the period it covers expires its not in arrears.

You can not be six months in arrears for six months that has not happened, just as tomorrows bus can not be late today.

I never wrote that the tenant would be immediately 6 months in arrears.

However, as soon as rent is unpaid the tenant is indeed in arrears. One day in arrears, then 2 days, etc.

My previous comment was correct.