Asking for 35% off rent

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  • MdeB
    replied
    Originally posted by Lillylisa View Post
    I went through Open Rent Who drew up the contracts. Surely, they wouldn’t be drawing up contracts which are not legally binding as they are a massive company and their paid service is for them to draw a legally binding rental agreement.
    Just because they are a big company does not mean they have a full and accurate understanding/interpretation of the law.

    This is just one area in which their understanding is deficient.

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  • zoid
    replied
    I wouldn't get hung up about whether or not it's possible for the guarantor to be enforced. The mere threat of going to the guarantor will usually be enough for most people to pay if they can afford too. I would just say, you cannot afford that, and that based on the checks before the tenancy you believed that they would be a good position financially. If you were to offer any reduction in rent then you would be looking for redundancy evidence, like a letter from their employer. In the current circumstances, I'm not sure how easy it is for anyone to move

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  • MdeB
    replied
    Originally posted by Lillylisa View Post
    they now say that I have to first serve an eviction notice before they will cover it. Of course I’m unable to do that right now.
    Why are you unable to issue a S8/S21 notice?

    Leave a comment:


  • MdeB
    replied
    Originally posted by Lillylisa View Post
    Ps. It’s not an HMO. It’s in a block which is 85% owner occupiers. Yes, they are sharing a flat.
    If it is three (or more) people and they are not all in the same household (related to each other by blood or marriage) then in law it is a HMO.

    <Example of related to each other is: a man, his sister, and her husband/boyfriend>

    Leave a comment:


  • mariner
    replied
    Has your HA (LL) agreed to you sub-letting?
    What LLTraining have you undertaken?
    Please complete & paste https://forums.landlordzone.co.uk/fo...om-new-posters

    Leave a comment:


  • Hudson01
    replied
    As stated, they appear to be in a better financial position than you...... say no and ask for facts/paperwork to back up why they now are in financial difficulty for you to even consider it, they appear to be chancers and you may be in for a rocky ride. I find guarantors more trouble than they are worth, if i need one..... that person does not move in. Simple.

    Leave a comment:


  • Jadedragon
    replied
    I am in a similar position in that I am an accidental landlord with 1 property for which I have a guarantor for the tenancy agreement.
    I self-manage and used the service from the RLA.
    during my research I found that a guarantor can only be called in to pay outstanding rent if the tenancy is within an assured shorthold agreement.
    this means if the tenancy rolls over into a periodic month to month tenancy then the guarantor becomes null and void, so you may want to consider this if you were basing all of your actions on being able to call on the guarantor. (Please do your own research before relying on this info though)

    Leave a comment:


  • Stew
    replied
    I have little experience with this so please take that into account when looking at my comments as I don't want to make your problem worse, but looking at the income the occupants may be taking advantage of your kind nature. I have been very generous to people in my life at my own detriment so if I received a request such as you had I would ask to see evidence of reduced income so you could assess it yourself.

    Some may find my comments unfair and the request intrusive but I feel that someone that was in genuine need would be prepared to be open with me.

    I also am frugal with money so would want to check that I was being kind and considerate to the right people and not just anyone that asked for a hand out.

    All the best Stew.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by Lillylisa View Post
    To JpKeates. I agree with you. I can maybe reduce rent by a bit & some as a rent holiday, (not exactly a holiday!) How does one draw up a contract for that?
    I would start by saying that any reduction in rent would be very difficult for you personally as you rely on the rent to live.
    And ask, if they had any kind of rental reduction or holiday how and when they would pay it back?

    And see how they respond.

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  • boletus
    replied
    Originally posted by Lillylisa View Post
    How does one draw up a contract for that?

    Why would one want to?

    Leave a comment:


  • Lillylisa
    replied
    Ps. It’s not an HMO. It’s in a block which is 85% owner occupiers. Yes, they are sharing a flat. I want rid of it now anyway. Tired of dealing with it.

    Leave a comment:


  • boletus
    replied
    Originally posted by Lillylisa View Post
    How does one draw up a contract for that? [/URL]
    Why would one want to?

    Leave a comment:


  • Lillylisa
    replied
    To JpKeates. I agree with you. I can maybe reduce rent by a bit & some as a rent holiday, (not exactly a holiday!) How does one draw up a contract for that? And would it be wise or not to have a new AST agreement made up? Problem is guarantor would not sign it now, and I’d rather keep him in place. but they are clear they want a substantial reduction which I’m not willing to do. FYI : The Guarantor signed the AST contract making him equally responsible for the rent: https://help.openrent.co.uk/hc/en-gb...rent-contract-

    Leave a comment:


  • jpkeates
    replied
    The validity of the guarantor only matters if you want them to pay something and they say no.
    But we're getting massively ahead of ourselves, talking about guarantors and eviction.

    You offered the tenants help, they have asked for a massive reduction in rent.
    I would simply say no, if you can't afford it.

    If you can afford it for a while, you could agree to the reduction on the basis that after three months the tenants will pay the reduced amount back over the next three months.

    Because the property is being run as an HMO and doesn't seem to be set up as one, once the current crisis is over, you are probably going to have to address that issue anyway.

    Leave a comment:


  • Anna1985
    replied
    You have been told the answer, no.
    what does it matter how much anybody earns?

    Ask them provide evidence that they are being made redundant and advice they can apply to universal credit

    Btw be warned that the rents could fall.

    Leave a comment:

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