Help - Letting, Bad References & Guarantor

MM1975

Hi all - HELP!

Hopefully this will make sense. I'm a private renter, currently in a property that we signed a 3 year lease on but the owners have taken advantage of the break clause as they want to sell the property. They (and their agency) have been an absolute nightmare since even before we moved in. This includes:

• Not installing velux blinds in the loft bedroom for 3 months so it was unusable
• Having non-working/damaged washing machine, oven, microwave and then taking weeks to replace these items during which we had to live without
• Previous tenants left loads of stuff behind, agency got someone to "clean it up" who jusy shoved it in the loft storage, when they did finally remove it left a huge mess throughout the house
• The toilet was leaking raw sewage & the agency & the (oversees owner) took a week to agree on sorting it out
• Entered the property without our permission (was discovered as they closed doors and double locked a lock I'd only single locked)
• etc

At the beginning with the blinds and large appliance failures, after 3.5 months we withheld one third of one month's rent & then finally everything got sorted 2 week (4 months later)

When the new letting agency asked for a reference the current agency told them that we didn't pay our rent on time and essentially were nightmare tenants.

I filed for bankruptcy last year after trouble with an emotionally & financially abusive ex. I have been up front about this with the new agency/landlords the whole time. However with the bad reference from my current landlord, the fact that I'm just being released from bankruptcy and being just (less than £1.5k) under the affordability factor the new landlords have asked for a guarantor, which I can understand.

Problem is the guarantor needs to own over £57k/year (3 times the rental cost). I honestly don't have anyone in this country that I could ask for this. Apparently its this or 6 months rent up front (which is even less doable). I feel like I am going to run into this problem everywhere I go and I don't know what to do. I've found a really lovely flat for my daughter and myself, that I can afford (just) and that keeps her in her current school and me with an easy commute and I don't want to lose it.

Has anyone been in this situation before? Anyone have any advice? Are there Guarantor services out there? I don't want to lose the flat (especially as we need to move in 3 weeks) but I don't know how on earth I can give them what they need.

Thanks.

anselld

Strictly speaking they are correct and with hindsight withholding rent should (almost) never be used as a lever to address repairing issues.

However, you don't need to move in three weeks. It could be many months if you follow due process. Explain to the agency that if they keep giving you bad references it will be extremely difficult for you to leave on time.

MM1975

Hi there - why don't we need to move in 3 weeks? That's the leave date we were given when we were given notice by the landlords...

I understand now that withholding rent was a bad idea but we were just at our wits end paying for a 3 bed but only being able to use 2 (and I wanted my daughter out of my bed!)

anselld

MM1975 wrote: »

Hi there - why don't we need to move in 3 weeks? That's the leave date we were given when we were given notice by the landlords...

Because notice from the Landlord is notice of intention to seek possession. If you decide you do not want to leave then the L must seek possession through the Courts and that all takes time.

Slithery

A landlord can never end a tenancy, only the courts or a tenant can.

The notice they've given you is notice that if you don't leave after 3 weeks then they're going to apply to the courts to get you evicted. This process can take 40+ weeks.

MM1975

Even with a break clause in the contract? Do you think it would help if they "rewrote" their reference?

pinkshoes

Has the S21 eviction notice been issued correctly?

Was your deposit protected?

MM1975

Yes deposit was protected. I haven't had a S21, only a form 6A notice. (PS - Pink Shoes I love your signature!)

Slithery

MM1975 wrote: »

Even with a break clause in the contract?

Always. It's statuary law.

Do you think it would help if they "rewrote" their reference?

You could mention to them that without a proper reference you won't be able to move out when they want you to and will have to go through court proceedings. This may make them change their mind.

Slithery

MM1975 wrote: »

Yes deposit was protected. I haven't had a S21, only a form 6A notice.

It will likely be a Form 6a requesting possession under section 21 of the Housing Act. If so then it's an S21.
Check here to see if it is valid...
https://markprichard.co.uk/content/documents/170522-Section-21-checker-tool.pdf

anselld

MM1975 wrote: »

Even with a break clause in the contract? Do you think it would help if they "rewrote" their reference?

Yes, even with a break clause.

It probably will not help this time since the references have already been done, but it may persuade them to be more co-operative when you find another place.