Change in agreement may have been verbal agreement

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    Change in agreement may have been verbal agreement

    Hi all. Long time lurker first time poster.

    6 months ago the landlord was not happy to rent to me due to supposedly inadequate income. I advised that I could pay 6 months rent in advance. Now I receive a letter saying as it has been six months I need to pay another 6 months in advance. This is not written in the tenancy agreement but the letting agency is adamant it was verbally agreed. I do not remember this happening. Do I have to pay 6 months advance every 6 months or can I just follow the written agreement and forgo any possible oral agreement?

    Thanks.

    #2
    Is this an Assured Shorthold Tenancy in England/Wales?

    What does the tenancy contract say with regard to rent payment? Does it say something like 'rent due six monthly in advance, the first payment due on Xth January'? How long is the fixed term?

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      #3
      Yes this is an AST in England/Wales.

      I will need to read the contract again as I am at work now but I will respond back to this thread with exact details, thank you. I know the fized term is one year.

      Are letting agency letters binding or will tenancy agreements only be looked at in the event of a dispute?

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        #4
        Originally posted by kmbrly View Post
        Are letting agency letters binding or will tenancy agreements only be looked at in the event of a dispute?
        No, a letter cannot be binding- it wasn't between the Letting Agreement's parties anyway and it's unsupported by contractual consideration.
        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).

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          #5
          Originally posted by kmbrly View Post
          I will need to read the contract again as I am at work now but I will respond back to this thread with exact details, thank you. I know the fized term is one year.
          Then the contract will say either that rent is due in two six-month payments in advance (as the agent is claiming), or it'll say the rent is due at a different frequency.

          Whatever it says in the contract, that is when the rent is due (regardless of what the agent claims was verbally agreed).

          Comment


            #6
            The rent shall be £XXXX per calendar month, payable in advance.

            The first payment of £XXXX being due on XX XXXXX 2010 or prior to the date of taking possession.

            Thereafter the rent due date will be the XX of each calendar month during the term of this agreement.

            Comment


              #7
              Originally posted by kmbrly View Post
              The rent shall be £XXXX per calendar month, payable in advance.

              The first payment of £XXXX being due on XX XXXXX 2010 or prior to the date of taking possession.

              Thereafter the rent due date will be the XX of each calendar month during the term of this agreement.
              Therefore, you have no obligation to pay the next six months' rent in advance, only the next one month's rent in advance.

              Comment


                #8
                Written agreements FTW.

                I was worried that I might have promised this in desperation but now I'm not worried that I had to lend people cash and I don't have 6 month's worth funds to pay what I may or may not have have promised. The landlord might wish to exercise their right of the break clause but if they think someone else is willing to pay 6months in advance in this climate then I would like some of what they are smoking.

                Thanks again.

                Comment


                  #9
                  Originally posted by kmbrly View Post
                  Written agreements FTW.

                  I was worried that I might have promised this in desperation but now I'm not worried that I had to lend people cash and I don't have 6 month's worth funds to pay what I may or may not have have promised. The landlord might wish to exercise their right of the break clause but if they think someone else is willing to pay 6months in advance in this climate then I would like some of what they are smoking.

                  Thanks again.
                  You're welcome! Note that if the LL exercises the break clause he must also serve a valid s.21 notice (the s.21/break clause notice may sometimes comprise a single notice) giving you at least two months' notice, and that a s.21 notice is not a notice to quit, does not end the tenancy, nor oblige you to leave. The notice merely entitles the LL to apply to the court for a possession order upon s.21 notice expiry, and the procedure for this takes around a couple of months.

                  Also note that I've just let a rental to a student with six months rent up front, so I'm smoking what you'd like to be smoking.

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