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Are you sure about that bit?
I reckon that an agency gets a lot more for notice proceedings + a check-out/check-in + tenant finding + fees from new tenant + preparing new contracts for LL + everything else they charge for than the loss of a few months of management fee.
I might just be being cynical though
You may well be right, but they also run the risk of losing the landlord or, at the very least, damaging their reputation with him/her. As a landlord, my interests would be best served by lengthy periods pf stability and I would seek an agent best positioned to provide that. I'd have little faith in an agent who was constantly providing me with tenants so bad that they subsequently evicted them.0 -
Balabalabala_and_Volare wrote: »So, you've read some pseudo legal advice and had a slap on the wrists about personal responsibility. Take that as you will. What follows is in the real world:
Your LL doesn't want to evict you.
The letting agent doesn't want to evict you.
Both are looking for reasons not to evict you. (LL gets the rent, LA get their cut)
You have 7 months to give them a good reason not to evict you (5 months really, as S21 is 2 months notice)
A promise is a guarantee to a fool.
Focus on getting your rent account up to date and only make assurances you are able to adhere to.
Adhere to any promises given.
Why would a LL want to instruct the eviction of a rent paying tenant with a clear rent account?
Even if they did, a clear rent account will be a positive to any future LL.
I don't know where you get the 7th months from as a reason for not evicting. What we have at the moment is someone who has been renting for 5 months where they have been in arrears for 2 months of that 5. They are then saying that they will clear the arrears by the end of December 2018 which means that out of the 7 months that they will have been renting they will only have paid the full rent for 3 and will have been in arrears for the other 4 months. That seems to me like a very good reason for a landlord to want to evict. It doesn't show that the tenant is taking paying the rent seriously. Or is taking in the fact that they signed a legal document the contract.
This property is clearly too expensive for the tenant and it might be in everyone's best interest if they find somewhere else that they can afford without getting into arrears if their work is reduced again.0 -
What the agent wants is a tenancy that runs without problem. What they don't want are tenants that they have to chase to get rent payment. They want the correct rent to turn up at the correct time every month.0
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IF a landlord wants to evict you, it costs them dearly to do so, much more than the current arrears you are in now., without ever having the 100% guarantee they will get the costs back, have a new tenant in the day you leave etc
This would come down to the agency - as said, they are the one that don't want to be chasing, get commission on tenants etc
i would still look at clearing ASAP. and to be ruthless (sorry if i offend), put Christmas on the back burner completely. If the landlord is a landlord with multiple lettings, and cash to throw away, you my be issued with S21 in month 10 anyway. you will then need money for deposit for new place, rent in advance etc, so make sure you have a plan for that as well0 -
Many thanks to you all for this advice and your comments.
I spoke to Shelter, and would need to be in arrears of two months, ie £1900 for a s.8 to be upheld.
My monthly rent is £950, I m currently in £900 of arrears as in September and October I paid £500 per month (I gave the LL and EA advanced warning of this). As such, I have either paid just over half rent for two months, OR I owe just shy of one month. I have never paid 'nothing' - i know this doesn't count for much, though!
From November onward I will pay my full rent, plus an additional £200 towards the arrears, which will be cleared with a gift of cash at Christmas. I do not go overboard at Christmas, I have no children to buy for so it is just token gifts for family. No worries there.
I can afford the rent under normal circumstances. Unfortunately I had a very hard time and have had issues with my employer and working away from the office, which was approved by my manager but not by HR.
The EA have said they can get the LL to terminate my contract, backdated from 09/10, and are making it sound like he wants this to happen. I need to give three months notice at work, and have nowhere else to stay here (My family are almost 200 miles away).
Should I contact him directly, rather than go through the EA? I have not replied to the EA yet..0 -
And how much progress have you made in finding another rental to move to?
It's been 3 days since you started this thread, you could have found somewhere by now if you'd been trying hard enough.0 -
Sunny_Intervals wrote: »Do you have a source for this? CAB, Shelter and Landlord Zone all say "at least 2 months" for those who pay monthly. If it's actually "at least 1 month/between 1 and 2 months/1p over 1 month", it sounds like they all need to be much clearer and I'd like to send them this information so they can upate their advice.
I don't understand why this is being debated. Let's say the OP paid £1 one month, but then paid correctly every other month, are we really saying that the OP is not in arrears?
Cab, Shelter and Landlordzone are correct, it's the interpretation of what '2 months in arrears' means. The rent is a set amount per month, if you don't pay that, you are 1 month in arrears, whether you pay £0 or £949.99
- Why are you even considering replying. Just pay off your arrears and that's that.HomelessHopeless wrote: »Many thanks to you all for this advice and your comments.
I spoke to Shelter, and would need to be in arrears of two months, ie £1900 for a s.8 to be upheld. - That's not correct. a s.8 can be upheld in theory for as little as £0.01; the mandatory requirement is 2 months rent arrears. The person you spoke to has been poorly trained.
My monthly rent is £950, I m currently in £900 of arrears as in September and October I paid £500 per month (I gave the LL and EA advanced warning of this). - so did shelter say you were 0 months in arrears because it hadn't reached £950 yet? As such, I have either paid just over half rent for two months, OR I owe just shy of one month. I have never paid 'nothing' - i know this doesn't count for much, though!
From November onward I will pay my full rent, plus an additional £200 towards the arrears, which will be cleared with a gift of cash at Christmas. I do not go overboard at Christmas, I have no children to buy for so it is just token gifts for family. No worries there.
I can afford the rent under normal circumstances. Unfortunately I had a very hard time and have had issues with my employer and working away from the office, which was approved by my manager but not by HR.
The EA have said they can get the LL to terminate my contract, backdated from 09/10, and are making it sound like he wants this to happen. I need to give three months notice at work, and have nowhere else to stay here (My family are almost 200 miles away).
Should I contact him directly, rather than go through the EA? I have not replied to the EA yet..0 -
HomelessHopeless wrote: »The EA have said they can get the LL to terminate my contract, backdated from 09/10, and are making it sound like he wants this to happen. I need to give three months notice at work, and have nowhere else to stay here (My family are almost 200 miles away).
Should I contact him directly, rather than go through the EA? I have not replied to the EA yet..
They can't. That simply isn't possible.0 -
Slithery, thank you for your reply. I have not found anywhere else to rent because a) I live in a very expensive area, and do not have a deposti available, and b) I have been with a family member who has, in the last three weeks, been diagnosed with multi cancers with a terminal outcome (this is the situation which began the problems). I am also struggling with my own chronic health issue which is worsened by stress.
Comms69, thank you. I am intending to pay as per my previous post. This is NOT being accepted by the EA, so I am unsure whether I need to contact them or not, or just pay as I intend to?
With regards how many months in arrears I am, it doesn't really matter, what matters is that I am in arrears and my payment offer is not being accepted by the EA/LL. That is my main concern. If they plan om chucking me out anyway then I will just take the early termination and not pay in November, just clear the arrears and be done with.
I have come to this forum for help and advice. I have not blamed anyone but myself for my situation, and I am not hiding from it.
Thanks to those of you offering help. I will call Shelter today and let them know that their advice is incorrect.0 -
@LandyAndy, thank you - so if I take them up on this, what happens?0
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