Renting question

kimplus8

I rent a home through a letting agent and originally paid 6 months rent up front, did that again to renew and have paid my mother back by paying her the rent, if you see what I mean. At the end of this 6 month period I would have been in the house for a year. I have really looked after the place, decorated and replaced things that were tired or damp proofed in some of the rooms and re- painted etc. I now want to ask to go onto a rolling tenancy. I have terrible credit which is why I did the 6 months up front but as I'm about to do a DRO or go bankrupt I won't be in a position to do this again as my 'debt' to my mum for the 6 months rent will need to be included.
If I refuse to pay 6 months in advance can the landlord just throw me out or as long as I pay each month and don't have any arrears etc would they have to serve me with notice etc??
The rent is higher than other properties in this area but because I'm a single mum I really struggled to get a landlord that would take me on. I personally want to stay here and have no plans to leave but also can't tie up 6 months of rent from my mum any more.
If the landlord wants 6 months in advance again I have to pay another lot of fees which is £300 a year over the 2 renewals also which tbh I can't really afford.
Just to clarify when I first rented the agent did say I would go onto a rolling contract after 6 months and would have a 2 month notice period from then but when it cam to it they wanted the 6 months in advance and fees again.
Sorry for the ramble but any help would be greatly received.

HappyMJ

Of course they want you to pay for 6 months to get the fees.

Ignore them...pay monthly. As long as you pay your rent every month the landlord is not going to evict you and pay more fees to find another tenant.

Pixie5740

What does your tenancy agreement say about the frequency of your rent payments? Does say anything about what will happen at the end of your fixed term? If it does then you may start a Contractual Periodic Tenancy at the end of your fixed term, if not you'll automatically start a Statutory Periodic Tenancy. However, the LA will most likely try and extract more fees from you to renew with another fixed term.

It's quite easy to evict a tenant with a periodic tenancy. The LL doesn't need a reason to use a Section 21 and provided it's issued correctly there's no defence against it but why would a right-minded LL want to evict a decent, rent-paying tenant?

G_M

Do you have a monthly contract (£X per month) with a 6 month fixed term, or a 6 monthly contract £Y per 6 months)?

What exactly does the contract say about rent?

This may also help:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Inky_Pete

If you do go onto a rolling tenancy (known as a periodic tenancy) then the landlord will be able to give you notice at any time and then you'll have to leave.

A lot will depend on your relationship with the landlord and how easy they would find it to get another tenant at the same or higher rent.

If you think that the landlord would find it easy to replace you, then with a periodic tenancy you run the risk of them doing just that. But if you think you're already paying a rent in line with the market and have a good relationship with the landlord, then why would they?

kimplus8

It's just a 6 month tenancy. Says I have to pay £750 per month on 1st of each month

kimplus8

It says nothing about what happens at the end.

kimplus8

It just says both myself and my landlord have to give 2 full months notice to end the agreement. At the end of my last one they let it go onto a rolling contract at head office and I paid the 6 months in advance again and then on 1st they all tried to take £750 by dd from my account. I cancelled the dd and called head office and they apologised and said that as their usual policy is that it becomes a rolling contract after 6 months they just set it up. They were confused as to why I had to apply for another 6 month contract.

G_M

Please quote the exact wording on the contract if you want serious advice.

kimplus8

Term of tendency
The landlord lets to the tenant the property for a period of 6 months, starting on and including 30th may and shall end on and include 29th Nov 2016 but subject to any release clauses. The tenant hereby acknomledges that this is an extension of the previous agreement for the property which expired on 29th may 2016.
Rent
The rent is £750 p payable in advance
The tenant shall pay to the agent the sum of £4,500 in advance by 30 May 2016 for the period 30 May 2016 to 29 Nov 2016.
Type of tenancy
This agreement is intended to create an assured short hold tenancy as defined by section 19a of the housing act 1988 and shall take effect subject to the provisions for recovery of possession as set out in section 21 of that act

kimplus8

I guess the point is I can't physically do 6 months in advance again. It's a lot of money for me to 'borrow' from my mum and going into insolvency means I can't do it again without it being classed as a debt to my mother. What I want to know really is what would happen if I just paid 1 months rent each month, didn't miss a payment and said I simply can't do it. Would the landlord have to go to court to 'evict me' or would they just simply be able to say get out and I have to go?? I don't have a relationship with the landlord as its through an agent, they are okay but do seem to mess around repairs and make small mistakes like taking rent that has already been paid etc. I love the house and it's right near the kids school. We moved here so I could move away from my ex husband and it was a saving grace at the time but I guess if I get served with notice I'll just have to suck it up and try to find somewhere else- I am on the list to bid for council properties as we are overcrowded in this house but it's looking like at least another 18 months - 2 years before I would be high enough to actually get one and I don't want to mess the kids around.