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  • FIRST POST
    • Jm90
    • By Jm90 29th Aug 18, 3:16 PM
    • 117Posts
    • 46Thanks
    Jm90
    Landlord wants more money
    • #1
    • 29th Aug 18, 3:16 PM
    Landlord wants more money 29th Aug 18 at 3:16 PM
    Ok so in February myself, husband and children moved over 2.5hrs from our home town.
    To a private rented house, all done via an estate agent.

    At the start of the tenancy we paid feb, march & april rent upfront and another month upfront as a deposit.

    We were told it would be a 12month tenancy however it was for 6 months, which we didnt realsie until we got here and signed for the house.

    We then paid , May, June & July upfront which is nearly 2500, which was fine, we had it and its nice to be paid up and not worry about it. However, it is not in the agreement, we just did it as felt it was right for us.

    We had a check at the home after 3 months here, all was fine and happy, estate agent offered us to renew our tenancy at the end of 6months to a 12month tenancy.
    She send it out, signed and everything.
    We took our part back to be told the landlord doesnt want it to be 12months incase he needs the house back (lives away)
    So changed it their end to 6months
    I have the original here for 365days signed.
    Never had a revised 6month one sent out.

    We have had a lot of business problems, being stung for nearly 20k, and at one point wondered how on earth we were going to put food on the table.

    August i paid 1 months rent.
    So this month, on the 1st i was going to pay another month, until we are in a position to pay more in advance.
    Ive just recieved an email stating the landlord wants 3 months in advance and because August is paid, can we now pay September & October.

    I'm really worried, im going to try get it up together, however I'm so worried if i can't will he make us leave?
    We have other things to pay and I'm not sure what to do.
    We have never been late or behind, only early and more than expected.

    I just dont know where i stand if i say i cant afford to pay this time around more than required?
Page 1
    • AndyTails
    • By AndyTails 29th Aug 18, 3:30 PM
    • 135 Posts
    • 151 Thanks
    AndyTails
    • #2
    • 29th Aug 18, 3:30 PM
    • #2
    • 29th Aug 18, 3:30 PM
    What does your contract say? The last contract that was signed by both you and either the landlord or the landlord's representative.

    (It's unclear to me whether the 12-month "signed" one was signed by both parties or not. It's clear the most recent 6-month one wasn't signed by you.)

    The contract will state whether you have to pay 3 months in advance or 1 month at a time.

    If you don't have a current valid fixed term contract then you're on a periodic contract, the terms of which will either be set out in your last valid fixed term contract, or if no terms for periodic were stated then it just carries on whatever was in that contract.
    • Jm90
    • By Jm90 29th Aug 18, 5:12 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    • #3
    • 29th Aug 18, 5:12 PM
    • #3
    • 29th Aug 18, 5:12 PM
    Sorry.
    The original 6 month contract was signed by both us and the estate agents.
    They then sent via post, 2 copies of a 12 month tenancy already both signed by them, asking me to sign both and return one to them.
    I did this, they then said the landlord had changed his mind and only wants it to be 6months at a time.
    They would change the contract their end to 6months.
    I never received a new one, so have a tenancy signed by both parties for 12 months.

    Only says we have to pay x amount per month not three months at a time
    • pinkshoes
    • By pinkshoes 29th Aug 18, 5:19 PM
    • 16,498 Posts
    • 22,812 Thanks
    pinkshoes
    • #4
    • 29th Aug 18, 5:19 PM
    • #4
    • 29th Aug 18, 5:19 PM
    I never received a new one, so have a tenancy signed by both parties for 12 months.

    Only says we have to pay x amount per month not three months at a time
    Originally posted by Jm90
    Then this is the latest contract and what you must abide by. Absolutely no need to pay any more rent up front. Just continue to pay monthly and refer them back to the latest SIGNED contract.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
    • PuzzledDave
    • By PuzzledDave 29th Aug 18, 5:19 PM
    • 165 Posts
    • 752 Thanks
    PuzzledDave
    • #5
    • 29th Aug 18, 5:19 PM
    • #5
    • 29th Aug 18, 5:19 PM
    They then sent via post, 2 copies of a 12 month tenancy already both signed by them, asking me to sign both and return one to them.
    I did this,
    Job done.

    Just tell them that you appreciate the offer to change the terms and conditions, but you are perfectly happy with the dual signed contract dated xx/yy/zz terms as is and look forward to both parties completing their agreed obligations both contractual and legal in good faith.
    • Jm90
    • By Jm90 29th Aug 18, 5:40 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    • #6
    • 29th Aug 18, 5:40 PM
    • #6
    • 29th Aug 18, 5:40 PM
    Thank you for replying, if i was to reply this to the estate agent, could he, if he wanted hand us our 2 months notice?
    The last payment was the 31st July ready for the 1st August, I'm unsure why they left it this late to raise it as an issue.
    I don't mind paying the three months up front if we had it, but right now we just don't and for us to get it together means not paying other bills.
    • Jm90
    • By Jm90 29th Aug 18, 5:41 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    • #7
    • 29th Aug 18, 5:41 PM
    • #7
    • 29th Aug 18, 5:41 PM
    By he, i mean the landlord. If he felt annoyed about us not doing as he wanted.
    • sammyjammy
    • By sammyjammy 29th Aug 18, 5:49 PM
    • 4,612 Posts
    • 5,063 Thanks
    sammyjammy
    • #8
    • 29th Aug 18, 5:49 PM
    • #8
    • 29th Aug 18, 5:49 PM
    You have a 12 month contract from when you resigned. As long as you pay your rent monthly as requested in the contract and abide by all the other things in your contract then no you cannot be given notice as you are in a fixed term.
    "You've been reading SOS when it's just your clock reading 5:05 "
    • lisyloo
    • By lisyloo 29th Aug 18, 5:54 PM
    • 24,773 Posts
    • 13,126 Thanks
    lisyloo
    • #9
    • 29th Aug 18, 5:54 PM
    • #9
    • 29th Aug 18, 5:54 PM
    You’ve already made a legally binding agreement.
    He’s not being reasonable in demanding changes.

    How do you think it would go down if you offered to pay later?
    Or leave early?
    Or pay less?

    Exactly !
    • Jm90
    • By Jm90 29th Aug 18, 5:56 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    Thank you, sorry we are new to private renting, never felt so worried about about these types of things before.

    Thanks again all.

    So the 12 month contract i am in possession of still counts even though they have changed it to 6months their end?
    They took the back sheet from the one we changed and used that. We did not re sign anything.
    • Jm90
    • By Jm90 29th Aug 18, 5:59 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    Sorry, sorting children & typing

    They took the back sheet from the one we signed i meant.
    And i guess replaced the pages on the front to say 6months instead of 12.
    • lisyloo
    • By lisyloo 29th Aug 18, 6:02 PM
    • 24,773 Posts
    • 13,126 Thanks
    lisyloo
    Did they just change their copy?

    Do you have your own copy before the Changes?

    I am not a lawyer but if they’ve manually crossed out 6 and changed to 12 then that ought to be initialled and won’t count if I think isn’t.

    Did you not have to sign/initial the front pages? (I have to initial every page presumably for this reason).

    I am not a lawyer but If there are conflicting documents and theirs has manual uninitialled amendments then I would expect yours to take precedence.

    Obviously you don’t want to go to court but it’s worth pointing out that it take months for landlords to get a court date so in practice you have the upper hand as well.

    It sounds like he is naive rather than pulling a fast one as it’s not a very good job.
    Last edited by lisyloo; 29-08-2018 at 6:08 PM.
    • Jm90
    • By Jm90 29th Aug 18, 6:06 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    Yes sorry, i tried to reply quickly after to explain.
    I meant the one we signed.
    I have a 12 month tenancy signed by them and myself.

    However, the one they have would be 6months as they just changed the pages at the front.

    I thought theirs might over ride ours
    • lisyloo
    • By lisyloo 29th Aug 18, 6:18 PM
    • 24,773 Posts
    • 13,126 Thanks
    lisyloo
    The one you signed is a legally binding contract.
    They can’t just amend it after it’s signed without your agreement.

    Their manual amendments e.g changing unsigned pages and crossing things out won’t stand up (because those changes are not signed or initialled).

    In future I recommend initialling every page.
    A little tiresome but prevents them switching a page.
    • molerat
    • By molerat 29th Aug 18, 6:21 PM
    • 20,879 Posts
    • 15,158 Thanks
    molerat
    You need to look through your (12 month) contract for a break clause.
    https://www.helpforheroes.org.uk/give-support/donate-now/
    • PuzzledDave
    • By PuzzledDave 29th Aug 18, 6:25 PM
    • 165 Posts
    • 752 Thanks
    PuzzledDave
    If they claim their adjustment in biro to 6 months is a valid change, then change yours to say the rent is one pack of Rolos every 6 years.
    • macman
    • By macman 29th Aug 18, 6:27 PM
    • 43,327 Posts
    • 18,504 Thanks
    macman
    They can't change it unless you agree by signing it, which you have not done. Swapping a page is simply fraudulent, the LL can't simply 'change his mind' after he has signed it. And there is no reason why you need to pay any more upfront other than that required by your existing contract. Your LL appears to be an incompetent amateur. Was your deposit protected, did you receive a current gas safety certificate, did you receive an EPC?
    No free lunch, and no free laptop
    • lisyloo
    • By lisyloo 29th Aug 18, 6:42 PM
    • 24,773 Posts
    • 13,126 Thanks
    lisyloo
    If they claim their adjustment in biro to 6 months is a valid change, then change yours to say the rent is one pack of Rolos every 6 years.
    Originally posted by PuzzledDave
    I loved this !!

    But seriously don’t change it as yours is the only valid copy and could be required in a dispute. If anything take a digital copy to keep it safe.
    • Jm90
    • By Jm90 29th Aug 18, 7:00 PM
    • 117 Posts
    • 46 Thanks
    Jm90
    Thanks all,
    Yes our deposit is protected
    And we have a gas safety certificate
    No EPC however.

    The landlord has had nothing to do with this house at all, he works away in another country so its all done via the estate agent.

    Who came to us and offered the 12 month contract, we were so happy when this happened as have young children in school, and just for peace of mind.
    I'm not sure if they offered this without his knowledge or how it was done.
    It was only when we took their copy back that they said they wouldn't do 12months.
    I will look through it and see if there is a break clause.
    I just dont want hassel im heavily pregnant, and so stressed with business decisions going bad and now this.
    We pay almost 1000 a month to live here which is fine as its what our family needed, but he seems so quick to change his mind, i wasnt sure where we stood.
    Maybe he assumed it would just be paid up front every three months but was never set in stone, and maybe a little miffed not getting a lump of cash.
    Our circumstances changed and feel sad that they waited until now to mention it as the next payment is due 1st September.
    • G_M
    • By G_M 29th Aug 18, 7:02 PM
    • 48,552 Posts
    • 59,711 Thanks
    G_M
    Look. You have in your possession a 12 month contract, at a stated rent, signed by the landlord and signed by you.


    Is that correct?


    If so, then it does not matter what the landlord does or does not do with or to hiscopy.


    Your copy is legally binding.


    Does it say how often rent is to be paid, and how much? Yes? Then pay the stated rent at the frequency it says!
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