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Rolling tenancy

Could I have some advice please?


6 months ago my daughter rented a house. She had recently returned from USA so had no credit history to speak of, and whilst she had just secured a job, she hadn't started it when we signed for the house.


I agreed to be guarantor, and of course we both had to pay a £35 admin fee.


Now they want her to sign up for another year - expect me to be guarantor again (even though she has been working for 6 months now and has recently had a promotion which makes the house even more affordable for her.


We are not happy with this on several levels - whilst I will gladly continue as guarantor, she wants to be wholly responsible for the payments to improve her credit rating. In addition, we both have to go into the office together (could do without the hassle TBH) to sign the new lease and of course this will involve 2 more payments.


What I don't understand is that her elder brother has rented 3 homes, and each time after the six month tenancy have gone on to a rolling tenancy - why is my daughters situation different?


Any ideas? She is going to e mail them this afternoon and refuse to sign - from what I've read on here tenants now have much more protection, am I right?


Thanks for any answers

Comments

  • harkessmd
    harkessmd Posts: 12 Forumite
    Dorothy,

    By no means am I an expert on such things however have been renting for some time and still am whilst waiting on house purchase going through (gah!)

    I would suggest your daughter contact the lettings agency and explain the situation as you have here it may show she is responsible that she wants to improve credit etc. I would also question why the lettings agency require a admin fee as it appears they are just copying the contract or else they would know they do not require a garauntor.

    Is it possible the original LL sold the property? as its unusual for the tenancy term to increase to a year instead of rolling short term tenancy (this is the norm as you said for your son.) i am assuming you have thoroughly read the original contract to check such things.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Dorothy60 wrote: »
    Could I have some advice please?


    6 months ago my daughter rented a house. She had recently returned from USA so had no credit history to speak of, and whilst she had just secured a job, she hadn't started it when we signed for the house.


    I agreed to be guarantor, and of course we both had to pay a £35 admin fee.


    Now they want her to sign up for another year - expect me to be guarantor again (even though she has been working for 6 months now and has recently had a promotion which makes the house even more affordable for her.


    We are not happy with this on several levels - whilst I will gladly continue as guarantor, she wants to be wholly responsible for the payments to improve her credit rating - it doesn't work that way. . In addition, we both have to go into the office together (could do without the hassle TBH) to sign the new lease and of course this will involve 2 more payments. - so ignore them


    What I don't understand is that her elder brother has rented 3 homes, and each time after the six month tenancy have gone on to a rolling tenancy - why is my daughters situation different? - it's not


    Any ideas? She is going to e mail them this afternoon and refuse to sign - from what I've read on here tenants now have much more protection, am I right?


    Thanks for any answers
    Tenants have the same protection they had had for decades. Don't even bother replying.


    Just continue to live there and continue to pay rent
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    harkessmd wrote: »
    Dorothy,

    By no means am I an expert on such things however have been renting for some time and still am whilst waiting on house purchase going through (gah!)

    I would suggest your daughter contact the lettings agency and explain the situation as you have here it may show she is responsible that she wants to improve credit etc. I would also question why the lettings agency require a admin fee as it appears they are just copying the contract or else they would know they do not require a garauntor. - because they want money?...

    Is it possible the original LL sold the property? as its unusual for the tenancy term to increase to a year instead of rolling short term tenancy (this is the norm as you said for your son.) i am assuming you have thoroughly read the original contract to check such things.



    It's also totally irrelevant, the house can be sold 100 times and no new contract be required
  • Dorothy60
    Dorothy60 Posts: 86 Forumite
    10 Posts First Anniversary
    Thanks both for your really helpful and timely responses.


    Just LOVE your advice Comms69 - I shall tell her and we will follow it


    Thanks again
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
  • hazyjo
    hazyjo Posts: 15,475 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You'll probably find you're still a guarantor (on a rolling contract). Unless you specifically agreed it was for one year only?
    2024 wins: *must start comping again!*
  • Dorothy60
    Dorothy60 Posts: 86 Forumite
    10 Posts First Anniversary
    hazyjo wrote: »
    You'll probably find you're still a guarantor (on a rolling contract). Unless you specifically agreed it was for one year only?


    Not bothered about that aspect particularly - was just annoyed to think that I have to give up part of my weekend to go to EA office to sign ANOTHER contract and pay ANOTHER fee that I consider to be totally unnecessary - thanks for commenting, though
  • Need_a_name
    Need_a_name Posts: 51 Forumite
    It also may be to do with them getting their fees before the change in June
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tenant's rights are not yet in place so when you have followed all the advice given don't be surprised when the S21 drops through the letterbox.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 14 May 2019 at 8:27PM
    Dorothy60 wrote: »
    I agreed to be guarantor, and of course we both had to pay a £35 admin fee.
    Read the guarantee agreement you signed - it probably continues for as long as your daughter remains a tenant, irrespective of if/whether she renews and irresective of whether you sign a new guarantee agreement.

    As I can't see your agreement though, I don't know for sure!

    Now they want her to sign up for another year
    Up to her. That will give her security for a year.
    Or she could do nothing and go periodic (monthly, rolling - see link below)

    - expect me to be guarantor again (even though she has been working for 6 months now and has recently had a promotion which makes the house even more affordable for her.
    Up to you whether to sign a new guarantee agreement though see my comment above!

    We are not happy with this on several levels - whilst I will gladly continue as guarantor, she wants to be wholly responsible for the payments to improve her credit rating.
    You being guarnator will not affect her credit rating either positvively or negatively - no one will know!

    In addition, we both have to go into the office together (could do without the hassle TBH) to sign the new lease and of course this will involve 2 more payments.
    Then go periodic. No need o sign anythng. Either of you. See link below.

    Any ideas? She is going to e mail them this afternoon and refuse to sign
    Pointless. An email like this will simply start a long, ongoing exchange of emails to nopurpose. Do NOT do this.

    - from what I've read on here tenants now have much more protection, am I right?
    More than what/when? The basic rights have not changed for many years but it sounds like you don't know even the long-standing rights.......

    Thanks for any answers
    Read
    * 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?
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