Rental Payment Question

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    Rental Payment Question

    Hi everyone,

    I rented a property in Oct 18 and the landlord and agent asked for 6 months in advance and the standard deposit, which was obviously paid. However, when executing the contract, I was a bit silly and signed off to paying another 6 months in advance in the 4th month of my current advance. Now I’ve been getting emails from the agent and the landlord both demanding payment in full for the next 6 months. My current advance expires in April and so I asked the landlord to either try and switch me to a monthly payment structure where I’d happily pay him a month in advance, for example, paying for May in April. He refused and demanded payment in full. I then asked him if he can give me a month more to make the next 6 month payment in full since I’d still be 15 days away from my first advance being expired if he agrees to that, but he refused that too and demanded payment immediately and his agent threatened with ‘legal’ action. My question is that can they evict me right away based on this or bring a claim forward? What’s the worst that can happen here?

    #2
    Is it a six months fixed term only, or did you agree a contractual six-monthly periodic tenancy?

    Assuming assured periodic tenancy, which would be default in England and Wales, then your landlord can only evict after giving notice, going to court for an order for possession, and then have that order executed by County Court bailiffs or High Court Enforcement Officers. If you are liable under contract to pay a sum of money on certain date and haven't, alternatively they can make a moneyclaim independent of a possession claim for the sum of money (plus interest).
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Originally posted by KTC View Post
      Is it a six months fixed term only, or did you agree a contractual six-monthly periodic tenancy?

      Assuming assured periodic tenancy, which would be default in England and Wales, then your landlord can only evict after giving notice, going to court for an order for possession, and then have that order executed by County Court bailiffs or High Court Enforcement Officers. If you are liable under contract to pay a sum of money on certain date and haven't, alternatively they can make a moneyclaim independent of a possession claim for the sum of money (plus interest).
      Thanks for the prompt response, it says it's an assured shorthold tenancy and has a 6 month break clause. My question is that, I'm only in the 4th month of my tenancy and so my current advance runs out in more than 50 days, but do I face eviction regardless even for the days that have already been paid for? Can they also still bring a money claim against me? All I am asking them is to push the payment by 30 days (which would still leave me with 15 days to run out of current advance that was already paid)

      Comment


        #4
        Any notice they serve prior to eviction can't expire before 6 months are up anyway. Your biggest problem is that if you intend to breach the contract you signed to renew then they can sue you for the money. In your situation I would pay it and stay an extra 6 months and then leave. Assuming you're a desirable tenant with your pick of properties of course.

        Comment


          #5
          Originally posted by DPT57 View Post
          Any notice they serve prior to eviction can't expire before 6 months are up anyway.
          Well, they can serve section 8 notice. But six-monthly payable mean no ground 8 mandatory possession, and I don't see any court in the country granting possession because the six-monthly in advance rent is a little bit late when the tenant is still within period where rent previously paid covers.

          Small claims court moneyclaim for money owed and CCJ if unpiad within 14 days is a different matter though.

          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Any such payment if not protected (perhaps only in part) might breach deposit protection law and mean an s21 is invalid and possible claim for up to 3x breached amount.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Te worst that can happen is that you get evicted. However as stated above it's highly unlikly a court would order that. A claim for the money might be made and succeed - but by the time it got through the court system you would have paid up so they would be looking for a claim just for interest on the money.

              If you offer to pay the amount due plus interest at, say, 2% the court might consider that a reasonable offer and not give your landlord their court costs. Offer 5% interest on your late payment and it's highly unlikely court costs would be awarded.

              Mostly this is bluff - but if you are breaking your contract then you should be offering to pay interest on the late payment as if they just claimed that you'd have no defence (and could be made to pay a higher percentage in interest plus court costs).

              Edit to make clear - I am assuming you will pay the 6 month advance in line with your second offer, so a bit late but still within the six months.

              Comment


                #8
                Originally posted by theartfullodger View Post
                Any such payment if not protected (perhaps only in part) might breach deposit protection law and mean an s21 is invalid and possible claim for up to 3x breached amount.
                Probably not, because it is payment for a liability, not surety against tenant default.

                Comment


                  #9
                  I'm a tenant.

                  What do you want to do? Sounds like the letting Agent and Landlord are being a bit too demanding here - doesn't bode well for a longstanding relationship.

                  If you have the desire and the means to get another property, think about executing the break clause and just moving on at the end of 6 months. Other LL's and/or LA's could and indeed should be far more cooperative with you when its clear that you want to pay your way.

                  Obviously, make sure you do everything expected of you and give them some notice etc.

                  If you have to or really want to stay in the property then the advice above is sound - these guys really do know their stuff.

                  Just, from a tenants perspective (mine), I'd be very annoyed that so soon into the contract I was having to seek advice elsewhere while getting passive aggressive Letting Agent drama and an uncooperative landlord.

                  Comment

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