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letting agent wanting 6 months rent in advance

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Comments

  • jomad
    jomad Posts: 7 Forumite
    GM

    The tenancy is periodic, month to month

    Husband has given written notice to be removed from the tenancy, he will be removed as of 20th September.

    The LA has failed to provide any information to their requirements for sole tenancy or to confirm the out come of the credit check other than verbal communication that there was a CCJ on my credit report.
  • eddddy
    eddddy Posts: 18,178 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jomad wrote: »
    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.

    But your husband was still on the tenancy agreement - with joint and several liability.

    So if you didn't pay the rent, the LL had the option of suing your husband in court (as well as suing you).

    Now your husband is being removed from the tenancy agreement, the LL no longer has the option of suing your husband, if you don't pay the rent. So the risk to the LL is greater.
    jomad wrote: »
    I'm in England and the credit check 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.

    Presumably because a referencing company has done a referencing check on you alone (without your husband) and you've been scored as high risk.

    You could ask the LL to ignore the referencing company's score, and let you pay monthly - based on your past record.

    But the problem may be that the LL has rent insurance, and the insurance co won't insure you because of your referencing score.

    (I guess it would be out of the question to ask your husband to be your guarantor!!!)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 22 August 2019 at 6:26PM
    jomad wrote: »
    I.
    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.
    As explained, neither your husband, not the landlord, nor the letting agent, can unilaterally remove him from the tenancy agreement.

    It would need the consent of BOTH joint tenants as well as the LL/agnt. Have you agred in writing? Such a change should ideally be done via a Deed of Assignment being Executed with witnesses.

    Since no notice to end the tenancy has been served, the tenancy will continue unchanged, with the same 2 joint tenants, at the same rent, payable in the same way ie monthly.


    Whether your husband lives in the property or not makes no difference to the above.
  • jomad
    jomad Posts: 7 Forumite
    GM

    Only my husband has given written notice, I haven't

    Below is the email I received yesterday from LA

    'As things stand A has requested to be removed from the tenancy and J, you would like to stay. Both are fine however let me be clear, as per your contractual agreement you are both jointly and severally liable for the rent for the remainder of your term, which runs up to the 20th of September 2019.

    Unfortunately A you cannot be removed from the tenancy on the 20th of August as this is sooner than the contract you signed ends. The earliest the contract can end is the 20th of September 2019, neither of you can be removed from the agreement until then, or sign a new agreement until then.

    If at that point you would like to leave Adam you will be free to do so just let me or G know. You will be permitted to stay J should you wish to, however this will only be on the provision that you pay six months rent in advance or provide a guarantor. If you cannot I am sorry you will be required to vacate the property as per the owners instruction.'
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 22 August 2019 at 7:22PM
    OK - so clearly you are in a fixed term which runs to 20th Sept.

    * the LA is right that you are both liable till then.
    * the LA is wrong that no change can be made before then. As explained:
    - you, your ex, and the LL/LA could agree an 'Early Surrender' and nd the tenancy on any date you wish - but this requires agreement by all parties
    - you, your ex, and the LL/LA could agree to the 'Assign' the tenancy from you + ex, to you in sole name. This also requires agreement by all parties
    * on 20th Sept the tenancy ends, assuming both joint tenants move out
    If one tenant stays till 21st Sept then either
    - a periodic tenancy starts with exactly the same terms as before (joint tenants, same rent etc), or
    - a new tenancy could be agreed/signed eg between LL and you as sole tenant.

    So basically your choices are
    * leave on 20 Sept
    * create a periodic joint tenancy on 21 Sept
    * either sign a new tenancy agreement or get the current one assigned to you - but as this requires agreement of LL/LA, they can impose whatever conditions they want eg 6 months rent/guarantor
    Only my husband has given written notice, I haven't
    As the tenancy is in a fixed term, notice has no legal meaning and can be ignored by all.

    edit: Oh, and make contact with your LL - cut out the LA from this negotiation!
  • trex227
    trex227 Posts: 290 Forumite
    100 Posts Second Anniversary Name Dropper
    I think if I were your landlord the past late/not in full rent payments combined with the CCJ would be a little concerning. Maybe when you contact the landlord given them an explanation as to why this has happened in the past and assurances moving forward it won’t be an issue.

    I hope you can get it sorted.
  • jomad
    jomad Posts: 7 Forumite
    Once again Thank you all for the advice.

    I guess the long n short of it is to get the current tenancy assigned over to myself or sign a new tenancy and pay the 6 months rent in advance.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    jomad wrote: »
    Once again Thank you all for the advice.

    I guess the long n short of it is to get the current tenancy assigned over to myself or sign a new tenancy and pay the 6 months rent in advance.
    By the sound of it the LA willonly agree to Assign the tenancy to you if you pay the 6 months in advance (or provide guarantor).
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