letting agent wanting 6 months rent in advance

jomad

Hi all,

Hoping that someone can a help and answer a question for me as really need some advice.

I have been living in a privately rented property since June 2010 (over 9 years) which was a joint tenancy with my husband with the monthly rent payments being paid from my husbands bank account although not always on time or the full amount.

Unfortunately our marriage broke down at the start of Jan 2019 with my husband moving out of the property in March 2019. at the time we both notified the letting agent that he had moved out of the property and that rent payments would be made solely by myself and that my husband would remain on the tenancy until further notice. the agency notified the landlord who was happy for me to remain in the property.

I have since March paid the rent in full and have even made all payments early, rent is due 21st of each month I've paid around 8th of each month. I have provided the agency with proof of income in the form of wage slips, maintenance agreement and UTC statements proving that I can meet the monthly rent payments.

My husband has informed the agency that he wishes to be removed from the tenancy (as he's wanting to rent another property) and that I wish to take sole tenancy.
For me to take over the tenancy as a sole tenant I had to paid a £50 for a credit check to be done, I was verbally notified by the agency that this had failed due to a CCJ against my name ( I was unaware of this CCJ which is showing as discharged on my credit report, it was for an overdraft on a bank account in my husbands name which I was the 2nd account holder which I'm trying to get resolved) at first the agency said that the landlord was again happy for me to remain in the property however he would not sign a disclaimer for me to take sole tenancy while the CCJ remained on my credit report, that my husband would need to remain on the tenancy until such time as the CCJ was sorted, that once a new credit check was done he would be happy for me to take over as sole tenant. Btw this has all been verbally communicated despite my asking for this to be confirmed in writing.

Yesterday I received an email from the agency stating that my husband will be removed from the tenancy as from 21st September, that for me to remain in the property I will have to either pay 6 months rent in advance or find a guarantor or I have to vacate the property.

So my question is can the agency do this even though I have paid the rent in full and on time each month since March?

I can't find a guarantor but I can get the money together for the 6 months rent in advance but that would leave me having to repay a loan back within those 6 months. OR do I continue to pay the rent monthly ( due to pay Octobers rent on 8th September) as they have no reason to evict me and my daughter other than failing a credit check.

Any advice would be very much appreciated.

Thanks.

csgohan4

you don't have to leave on said date, they can issue a section 21 and you still won't need to leave until eviction proceedings have run its course.

The LL would be mad to evict a paying tenant who pays their bills and no arrears.


Read the article by G_M on ending tenancies:

https://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4


But any LL can evict with no reason needed, it just takes time and their money

need_an_answer

Have you communicated with you LL over any of this?

I suspect that this is an agency thing whereby they want to ensure your rent is available to send to the LL on a monthly basis,

However it could also be that its the LL who has now requested this change.

It could be that the LL has no idea of the agents communication with you and might be willing to allow you to continue on a monthly rent as to date you have managed the payments.

Nothing ventured,nothing gained I would try and write to your LL with the same sort of explanation you've given in your opening post.
At worst the answer will be no you need to pay in a lump sum but it could be that the LL is unaware that the agent has asked for this.

Personally as a LL I would rather get rent monthly than in lump sums,and given the fact that you've demonstrated the ability to pay in the interim since your ex left that wouldn't be an issue for me either.I'm not your LL though and the end decision should stop with them not the agent.

MEM62

Firstly, I would suggest that there is no advantage in paying the rent early. Unless you are paying the landlord directly this money will just sit in the agents bank account until it's due to the landlord benefiting neither you or the LL.

Secondly, after 9 years in his property I am certain that the feedback you are getting is from the agent and not the LL. Speaking as a LL myself, a good tenant is worth keeping and 9 years of history carries more weight than a credit check.

If you have any direct contact with the LL speak to him/her personally and common sense is likely to prevail.

jomad

I have only had contact with the letting agent and not the LL.

I seem to be getting conflicting information from the agency, who last week stated that the LL was happy for for me to remain in the property as ive been a long term tenant, it was only due to the failed credit check due to the CCJ that the LL was unwilling to sign a disclaimer after he took finanical advise about it.
The agenacy stated that if the CCJ was cleared and the credit check was ok that the landlord would be happy for me to take sole tenancy paying the rent monthly.
Now they are saying that they want 6 months rent in advance or a gurarntor for me o remain in the property once my husband is removed from the tenancy in September.

need_an_answer

On your tenancy agreement there should be your LL's address.I would write to the LL to explain.

Maybe after all these years its time the LL entered into a little correspondence with you and at least gave you a reason for this now change of heart.

As I said earlier I wouldn't have an objection to you as a tenant and as others have said a longstanding tenant is a rare and to be valued gem.
LL's don't usually suddenly have a complete turnaround on payments with longstanding tenants...I think its an agency requirement because of the failed credit check and CCJ info to cover them not necessarily something the LL is insistent on.
It would be interesting to find out if the agency are the ones asking him to sign a disclaimer after giving the financial advice that despite a failed credit check he is happy to rent the property to you.

sal_III

jomad wrote: »

it was only due to the failed credit check due to the CCJ that the LL was unwilling to sign a disclaimer after he took finanical advise about it

Sounds like the LA is asking the LL to sign some sort of disclaimer indemnifying the LA in case rent is late/not paid, which had the LL spooked.

Ask the LA if they can give you the contact for the LL and see if you can plead your case and appease him in a way not involving 6m rent in advance which would put you in debt.

Any LL that would evict a paying tenant of 9 years over a credit check is bonkers.

jomad

Thank you all for your advice.

I do believe as some of you have said that 6 months advance rent or guarantor this is in fact a requirement of the LA and not the LL.

I have found the address of the LL so I guess my only option is to write to the LL direct.

To date the LA have not provided any written confirmation of the result of the credit check or the LL proposal with regards to the tenancy, all information with regards to this has been a verbal communication despite my asking via email for confirmation.

It just seems crazy that having been a tenant for 9 years and having been able to pay the rent since March without any missed or delayed payments that I'm now having to go through all this to get sole tenancy on a property that I'm already living in.

grumiofoundation

Are you in England? Fixed term or periodic?

Since you have a joint tenancy your husband is able to serve notice to end the tenancy.

If notice is given by any tenant in a joint tenancy this is binding to all tenants. If a tenant doesnt vacate when notice expires and stays in the property without a new agreement they can be liable for double rent as they are deemed not to have left after giving notice.

jomad wrote: »

My husband has informed the agency that he wishes to be removed from the tenancy (as he's wanting to rent another property) and that I wish to take sole tenancy.
For me to take over the tenancy as a sole tenant I had to paid a £50 for a credit check to be done

When was the credit check done? If done after 31st May 2019 (assuming in England) then you shouldn't have been charged for this unless mentioned in your current tenancy agreement (seems unlikely).

G_M

jomad wrote: »

..... a joint tenancy with my husband

.....at the start of Jan 2019 with my husband moving out of the property in March 2019. at the time we both notified the letting agent that he had moved out of the property and that rent payments would be made solely by myself and that my husband would remain on the tenancy until further notice.......

........
My husband has informed the agency that he wishes to be removed from the tenancy (as he's wanting to rent another property) and that I wish to take sole tenancy.
Is the tenancy in a fixed term, or periodic (monthly)?

LL said....... that my husband would need to remain on the tenancy until such time as the CCJ was sorted,....
the change of name can only be done in one of several ways:
1) the tenancy is periodic. One joint tenant serves notice. The tenancy ends. A new tenancy is created, assuming both remaining tenant and LL agree, on whatever terms are agreed
2) the tenancy is Fixed Term. The joint tenants and LL agree an 'Early Surrender'. This has not happened.
3) the LL serves a S21 Notice (2 months), and then applies to a court to get the tenancy ended. This has not happened.

Yesterday I received an email from the agency stating that my husband will be removed from the tenancy as from 21st September,
The LL/agent canot simply 'remove him'. However, if the tenancy is periodic and he has served notice, then the tenancy will end.

that for me to remain in the property I will have to either pay 6 months rent in advance or find a guarantor or I have to vacate the property.

If the tenancy IS ending, then yes, those are the options. However it is not clear on what basis the tenancy is ending - if indeed it is.

So my question is can the agency do this even though I have paid the rent in full and on time each month since March?
It depends if the tenancy is ending.
Is it fixed term or periodic?
Have either you, or your ex, served proper notice if the tenancy is periodic?

Please clarify

jomad

I'm in England and the credit check was done 9th July 2019, there was no mention of this in the tenancy agreement.

My husband has not asked to completely end the tenancy, he has asked to be removed from the tenancy. The LL has stated that he is happy for me to remain in the property however it seems the LA are the ones that are requesting that I pay 6 months rent in advance or find a guarantor or vacate the property.

The LA had written confirmation back it March 2019 that my husband was no longer living at the property and that I would be paying the rent myself.