Bad Landlord wants £3000 deposit AND year's advance rent

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Bad Landlord wants £3000 deposit AND year's advance rent

    I've been a landlord for many years, and today I came across an issue for a friend which sounds wrong.

    Friend a young single female saw a flat, was asked to sign the contract on the spot to secure the flat. Paid a deposit 6 weeks rent. has a guarantor (one of my tennants) pay some monies- was also asked to get a reference from her previous landlord, which is OK. Problem hits now, as the previous landlord has packed in everything and can't be found.

    The landlord of this new flat has now said that she has to pay a whole years rent up front (£14000), and if she backs out she will lose the £3000 she has already paid.

    Estate agent says landlord is right...but sounds wrong to me!

    Any comments.

    I thought the TDS would protect the deposit, and also seems that he may not have shown her an energy certificate.

    #2
    If the lease does not state a years rent up front then the landlord cannot demand it.


    Also if they wanted a reference they should have waited for the reference before signing the contract.

    Sounds v dodgy to me.

    Comment


      #3
      Originally posted by Bytor View Post
      Estate agent says landlord is right...but sounds wrong to me!
      Agent would say that, wouldn't he! He is L's agent, after all, and not an impartial analyst.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        She has a contract you say so she can move in because the landlord has legally agreed to rent the flat to her.

        She can't be forced to pay a year up front unless she agreed to it in the contract ( as already stated).

        She should not be bullied into backing out of taking this flat. The landlord will have to evict her legally. S21 if she pays her rent on time. S8 if she fails to pay.

        The contract is a two way thing, the landlord should never have entered into it if it depended on references that he hadn't received. That's his problem not hers.

        If as a result of the lack of references he now doesn't want this tenant he should think himself very lucky if she agrees to take her deposit back and not hold him to the contract.

        Comment

        Latest Activity

        Collapse

        • Reply to Gas and electric during void period
          by Celibin
          Great Thank you
          24-01-2021, 05:54 AM
        • Gas and electric during void period
          by Celibin
          When the tenant we took meter readings but subsequently forgot to register with a utility company. The only thing that may have accrued is a small amount of gas .
          Obviously I want to pay my dues.I believe the companies do pass on info between each other Thanks
          23-01-2021, 09:42 AM
        • MCOL & PCOL
          by OS7
          Hello Everyone,

          Via Section 21,i have recently been granted a possession order for my property to happen in middle Jan 2021. The tenants are claiming housing benefit and they owe rent arrears and monies just under £7000 - I have applied for MCOL and now currently waiting to request judgement...
          04-01-2021, 14:16 PM
        • Reply to Leak into downstairs flat, am I liable?
          by ash72
          Can you not claim it on the insurance? Is the downstairs flat the freeholder of your flat and vice versa?
          24-01-2021, 00:17 AM
        • Leak into downstairs flat, am I liable?
          by Mwatson365
          Hi,

          I rent out an upstairs flat, which was a 1930s built house which has been converted into two flats. The water waste for the kitchen/bathroom goes out through the wall to outside. The downstairs flat, which is owned by a housing association, has an extension built at the back of the...
          23-01-2021, 17:06 PM
        • Reply to Court review
          by hybrice
          Still enforce it. HCEOs aren't idiots and don't give up. If he has just signed the car over to his ex but still houses and uses it, they'll likely still seize it. Don't let him get away with anything, is my.opinion. But ask your solicitor....
          24-01-2021, 00:17 AM
        • Court review
          by OS7
          Hi,
          My possession claim is up for review today. I thought “ finally” . It was marked on review documentation to be at 12:00 05/11. I received no calls from anyone as yet. Could someone who has undergone review, please let me know if I have to make the call. I am worried that no one...
          05-11-2020, 15:15 PM
        • Reply to What happens when furlough ends?
          by ash72
          I think may people have adjusted and take up new roles as courier drivers, or delivery drivers especially if they have their own vehicles. Within the gig economy has helped a lot of people in these difficult times.
          24-01-2021, 00:12 AM
        • What happens when furlough ends?
          by JK0
          A worrying thought has occurred to me tonight. If furlough ends on 30th April, as I believe it's meant to, are we going to find loads more tenants unable to pay their rent?

          I know one of mine is a taxi driver, and I'm amazed he's managed to come up with the rent so far.

          Any...
          23-01-2021, 19:40 PM
        • Reply to What happens when furlough ends?
          by alice123
          Taxi drivers are still quite busy , people going shopping, doctors appts, hospital, work. My village just looks the same as normal its as busy as ever and so are the roads, only the pubs /cafes and hairdressers are closed along with the gym . The ones who are working from home and those who are furloughed...
          23-01-2021, 23:59 PM
        Working...
        X