Landlord problems, aibu?

(79 Posts)
SlipperFrog Sun 07-Apr-13 17:21:13

I realise legally I am being UR but please bear with me!

We rent and have 3 young DC. Our previous home was sold quickly & unexpectedly by the landlord so we needed to move. Rent had skyrocketed and we found somewhere but it meant losing a bedroom and our rent went up by £150 a month.

The landlord wanted £1150 pm for a 2 bed house, we offered him 6 months rent up front if he would reduce the rent to £1050 pm which he accepted.

He has now asked for the next 6 months up front, we didn't realise we had agreed to this but on closer inspection it is in the contract... We are facing major financial problems and can't afford to pay him 6 month up front but have offered him 3 months, then another 3 months. He's said no, if we want to do that he will put our rent back up to £1150PM... We are really worried, aibu or is the landlord?

Sorry but if its in the contract YABU, it doesn't make it any less annoying for you though, hope things improve for you soon flowers

SlipperFrog Sun 07-Apr-13 17:27:02

Thanks, I just think he should be a bit more flexible, we have offered him 3 months up front then another 3 months and we just can't afford an extra £100 per month, or to give him £6300 in one go sad

fluckered Sun 07-Apr-13 17:27:36

unfortunatley its in the contract that you agreed to. all you can do is be honest and explain your situation. hope it works out.

bionic77 Sun 07-Apr-13 17:28:59

Sorry but I think YABU. Firstly for not reading the contract properly. Secondly you asked for a discount on the basis of a lump sum payment which your landlord accepted. Now he wants to continue the arrangement and you are unable to, I think it stands to reason he is not going to give you the discount.

I think it is a risk anyway to pay upfront for rent as at any point something could go wrong in the property and you would have already paid - if you had to move out you would then be in the position of trying to recover rent already paid.

moonabove Sun 07-Apr-13 17:29:06

Well that's certainly not a standard rental contract - did he draft it himself? He should have checked with you that you would be willing/able to continue to pay 6 months upfront. I take legal advice (maybe citizens advice if you can get hold of them) just to be sure he's within his rights to do that.

SlipperFrog Sun 07-Apr-13 17:29:45

Could he take us to court??

expatinscotland Sun 07-Apr-13 17:29:57

Ugggh, that sucks. Hopefully he can be more flexible.

moonabove Sun 07-Apr-13 17:30:08

* You can

Patchouli Sun 07-Apr-13 17:31:00

You've had a misunderstanding.
The rent is £1150 (crikey though - for a 2 bed)

bionic77 Sun 07-Apr-13 17:32:32

I think in putting it in the contract he can argue you agreed to it as you signed the contract. Assuming this is a 6 month let followed by a rolling period you can end it by giving notice. Probably not why you want to do.

CajaDeLaMemoria Sun 07-Apr-13 17:35:20

What phrasing does the contract use?

I pay monthly, but my contract specifically states that if I pay 6 months upfront, the next bulk payment would be due in month 6. To revert to a monthly payment schedule, we would be credit checked and referenced again, and a new contract would be created. Which may be an issue, because the landlord could technically put the rent up then, but you may well find that rent increases are also covered in the contract.

Do you have a break clause at six months?

SlipperFrog Sun 07-Apr-13 17:35:41

In writing it's a years contract, 6 months upfront followed by another 6 months up front.

Bridgetbidet Sun 07-Apr-13 17:35:58

YABU, but it's a really horrible situation. I am assuming you are in London, could you move to a flat rather than a house for a year or so to save money?

katiecubs Sun 07-Apr-13 17:36:16

YABU why would he still offer you a discount if you are not paying upfront? You should have been clear on the terms and read you contract properly.

Bearbehind Sun 07-Apr-13 17:36:20

He couldn't take you to court for not paying the 6 months in advance but he can serve an eviction notice as you are at the end of your tenancy agreement.

You either need to find the money to pay in advance or accept the rent increase although I would have a look around to see what rentals in your area are going for.

It costs a good percentage of the first months rent to have a letting agent find new tenants which might give you room for a bit of negotiation on the rent rental figure unless you are well under the market rate already, in which case the landlord is likely to want you to move on.

SlipperFrog Sun 07-Apr-13 17:36:36

I don't think we have a break clause, I will check though.

LIZS Sun 07-Apr-13 17:37:15

I doubt he would take you to court as long as you pay something. Presumably it is worded such that the monthly amount is 1150 unless you pay up 6 months' front and yes he could review the contract and rent after a 6 month AST anyway if he asks for a new contract. His financial benefit for having that money probably doesn't cover the difference so the only benefit to him is security of having been paid. If you can afford 3 months up front then your financial situation cannot be so desperate, pay the one month in advance of 1150 until you are in a better position to renegotiate.

SlipperFrog Sun 07-Apr-13 17:37:36

We aren't at the end of our contract, we're only half way through

CajaDeLaMemoria Sun 07-Apr-13 17:38:37


Presuming that there is no break clause at 6 months, you are legally responsible for the property for the next 6 months - so your landlord could take you to court to recover the rent payments.

However, going to court is costly and time consuming, and it's generally not in the landlord's best interests to do so, if you are a good tenant.

Have you simply enquired about changing the arrangement, or did you explain that you will be unable to stay if you cannot pay the smaller amount monthly?

Legally, you appear to be contracted to pay the new amount. Realistically, your best option might be to try and negotiate the best arrangement that you can.

SlipperFrog Sun 07-Apr-13 17:39:23

It doesn't say anything about the original asking rent being £1150, just that the rent is £1050 and to be paid in 6 monthly amounts.

Bearbehind Sun 07-Apr-13 17:39:35

Sorry, just seen your posting saying it is a year long contract, you need to get legal advice as most short term tenancy agreements are for 6 months so the fact that you've agreed to an extension and to his terms within the contract probably means you haven't got a leg to stand on.

SlipperFrog Sun 07-Apr-13 17:41:24

We explained we didn't realise that he expected the second 6 months to be paid up front and that we really can't afford it. We are good tenants and have always had a good relationship with him so thought he may be a bit more flexible. We've offered him 3 months up front, then another 3 months but he's not happy with that.

CajaDeLaMemoria Sun 07-Apr-13 17:42:26

Do check the contract to see if you have a break clause as a matter of urgency. If you leave it too long, you won't be able to give notice in time.

Were you credit-checked and referenced when you took the property? Did you pass, or did they suggest paying 6 months upfront to make you pass? Would you pass now?

I'm trying to think of how you could sort this out, but it's difficult without seeing your circumstances/contract.

Bearbehind Sun 07-Apr-13 17:42:37

Grrr, posted too early. Meant to add that even though you don't have much of a legal case, eviction is costly and time consuming so you might be able to appeal to your landlords better nature- if he has one!

SlipperFrog Sun 07-Apr-13 17:43:09

Thank you Caja, yes we were credit checked & passed

Wibblypiglikesbananas Sun 07-Apr-13 17:45:42

Gosh, tricky one. If it's in the contract then you can't really break the terms, can you? However, I'm sure your landlord would much rather have you paying the rent than a period without rent, despite it not being in the 6 month lump sum he was expecting. It will cost him to have an empty place as he lines up new tenants.

I think all you can do is appeal to his bette nature but technically you haven't got a leg to stand on if you signed to those conditions. I'd also be wary of tenants who started 'messing about' so to speak as one or two concessions can lead to requests for more and more and suddenly rent isn't just late, it's not paid and so on (from a landlord's perspective).

I also think YABU complaining about the price. Yes, it's high, but rents and mortgages will be equally as high in an area where the market dictates that price is acceptable. If you choose to live in an expensive place, that's the price you pay unfortunately. That's not the landlord's fault and presumably he has a mortgage/bills to pay too.

Kansas Sun 07-Apr-13 17:47:52

So have you asked if you can revert to paying £1150 each month rather than £1050 in a 6 month block payment?

I know you say you can't afford the extra £100 pcm but could you find the money if desperate?

I'm sorry I don't know what other option you have. sad

Loislane78 Sun 07-Apr-13 18:02:49

I've only skimmed the thread so apologies if I've missed something.

Just because something is
in a contract does not make it legally binding if the terms and conditions aren't considered reasonable. Obviously you should have read the contract properly first but you need to take legal advice at Citizens Advice Bureau if you are worried about being sued - v slim chance at small claims court for multiple reasons.

Unless you can negotiate with landlord though, I'd guess you're not flavour of the month.

SlipperFrog Sun 07-Apr-13 18:37:57

Thanks for not flaming me guys, I just feel really trapped financially, we are being squeezed from every direction and I feel like I am failing my DC sad

maddening Sun 07-Apr-13 18:45:19

How much is the loss via increased rent versus the loss of a broken contract penalty - take the cheapest route - or do you have any interest free offers on credit cards? You could borrow the 3 months you are short if the transfer rate is lower than the two other options. Or maybe a few month loan that you can clear by month 3 and calculate the interest on that to compare.

I can't see any way of you not incurring some expense though either by increased rent/penalty fee/interest or fee on borrowing - unless any family could lend on an interest free basis

SlipperFrog Sun 07-Apr-13 18:52:29

Would it be really unreasonable of us to just give him 3 months up front, then another 3 months after that, at the same rate of £1050 pm?

montage Sun 07-Apr-13 18:56:09

I think your landlord would be aware that if you can manage three months upfront (as you have offered) then you can probably manage the extra 100 a month instead.

I do feel for you though.

I would ask to revert to the non-discounted rate per month.

And then spend the last couple of months of your tenancy looking for somewhere at better value.

Feminine Sun 07-Apr-13 18:57:15

I think that even though your contract says 6 months up front, your LL is taking the piss!

It would be a luxury (especially in this financial climate to expect it)

Yes, you made a offered a slightly different proposal, I'm shocked he didn't accept. In the 6 months you have been there , I'm sure you have taken really good care of the place. This should be evidence enough ( to my mind) that he should work with you.

YANBU. smile

SlipperFrog Sun 07-Apr-13 18:58:20

We would have to borrow the money to pay 3 months upfront, we literally can't spare an extra £100 a month.

Feminine Sun 07-Apr-13 18:58:36

Oh, and of course you shouldn't get flamed here.

I must have been living abroad way too long!

Feminine Sun 07-Apr-13 19:00:28

why does he need it up-front?

I'm sure he doesn't give it to the bank in 6 month blocks confused

if he has no loan at the bank, then I'm even more perplexed!

SlipperFrog Sun 07-Apr-13 19:01:36

We have taken really good care of the house, despite chronic damp problems in our bedroom and the fact the house has a water meter fitted (he didn't tell us until after we moved in) which increased our water bill by £100 pm...

dizzyhoneybee Sun 07-Apr-13 19:01:42

YABU really, sorry, but it's in the contract. That said, if the landlord thinks you are good tenants then he could be more supportive of your request but it's fair enough for him to put the rent back up.
It's better to keep a good tenant than find a new one and pay the agency all the costs associated with them finding a new one.
I hope it works out.

Feminine Sun 07-Apr-13 19:04:21

slipper I'd just concentrate on finding a new place when the yr is up!

smile good luck.

aquashiv Sun 07-Apr-13 19:06:29

In all truth and honesty find somewhere else

Bearbehind Sun 07-Apr-13 19:07:57

slipper it really doesn't matter if anyone thinks it is unreasonable for you to pay 3 months then another 3 months- your landlord has already said no and legally you don't have a case, so give that option up.

You either need to find the extra £100 per month or prepare for eviction unless you can maybe get him to agree to meet you half way or something at say £1,100 per month.

Do you want to stay there long term for schools etc, if so you need to accept the situation and get on with it as if you make trouble with your landlord now they won't want you to stay past 1 year.

If you want to move after the next 6 months anyway you can push harder for a more favourable outcome for you.

BuggerLumpsAnnoyed Sun 07-Apr-13 19:09:25

I think tbh it will be in the land lords best interest to not have to get new tenants in. Im sure if you made it clear that you might have to leave he would reconsider. Was it a year or 6 month contract (have not read whole thread)

SlipperFrog Sun 07-Apr-13 19:09:59

I really don't think he would evict us, at least I hope not!

Bearbehind Sun 07-Apr-13 19:12:41

Don't kid yourself, if you don't agree to his terms then you are in breach of contract and if he can get the money elsewhere, he will. Landlords aren't charities.

CloudsAndTrees Sun 07-Apr-13 19:16:49

Yabu to expect the same discount if you arent going to be sticking to your side of the agreement, but I think it would be harsh of your LL not to accept the three month payment if you increase it slightly.

As your original discount is for £100 per month, which is quite a big discount, could you offer to just have a £50 discount per month in return for paying in three month chunks?

I think it depends on your area whether you are likely to get anywhere with your LL. If there is a good chance he will struggle to get new tenants quickly, then it might be worth pushing it, but if you are in an area where he would have no problem getting new tenants, I think you will have to bite the bullet.

SlipperFrog Sun 07-Apr-13 19:17:09

I don't think he will because it would likely cost him more in the long run to evict us.

Bearbehind Sun 07-Apr-13 19:22:27

Maybe but you would be liable for all the rent up until your evicion date and if your landlord discloses your non-payment to the credit rating agencies, as he may do, your credit rating will be screwed- big chance to take IMO when you are on the back foot in the first place.

Feminine Sun 07-Apr-13 19:25:22

How is a LL able to contact a credit agency?

Sounds like blackmail.

CajaDeLaMemoria Sun 07-Apr-13 19:27:33

Evicting people isn't fun, but it's not too bad at the moment. Only an average of two months to get tenants out, and you'd be liable for the full rent, and then have to try and find somewhere else to rent with either a damaged credit file or a big payment to make. I wouldn't rely on the cost or inconvenience to stop the LL, as he hasn't been too kind so far.

When is rent actually due? When did you tell the LL you needed to pay less?

Does your contract say anything about either a break clause or being able to swap to monthly payments?

Bearbehind Sun 07-Apr-13 19:39:26

Experian now ask landlords to submit data for non-paying tenants. It is likely only to be for landlords with large portfolios but it's not a risk I'd take.

It's not blackmail if the landlord is asking for something that he is legally entitled to anyway.

CajaDeLaMemoria Sun 07-Apr-13 19:43:34

Both of the agencies I've used recently have updated my credit file with the details of the let. Both when I left.

Going to court will also likely leave a mark, because the OP risks a CCJ if the rent can't be settled in full.

What's vital here is more information about the contract. It makes all the difference.

NotDavidTennant Sun 07-Apr-13 20:10:40

I would strongly advise you to get down to your local CAB and get some proper advice.

It doesn't sound like he actually has any legal basis to demand you pay extra, but it might be that he will start eviction proceedings if you don't. However, he will not be able to evict just like that, there is a legal process which may require court proceedings and where possibly you could argue you case for monthly payments. This is why you need to get proper professional advice to see whether this would apply to your case, or whether if you refuse to pay extra you're on a hiding to nothing.

RapunzelAteMyHamster Sun 07-Apr-13 20:36:48

He offered you a discount based on paying a lump sum. You aren't paying in a lump sum any more, so no discount. I don't understand what else you would expect really?

I rent a property out where the tenant pays in six monthly blocks. I much prefer it, and would probably offer a discount based on it for other tenants for a couple of reasons. Firstly, you don't have to worry about whether the tenant is going to pay late regularly or "be a bit short this month" or require chasing around trying to get money. If you have a btl montage which the rent goes to, that can be an absolute bloody killer. You've got all the money in your bank and you can apportion it without worrying. Plus, if you have some kind of unexpected issue, like an expensive appliance or heating system going bust, you've got the cash ready to fix it.

From a landlord's point of view, you are presenting all the signs of someone who's going to be a nightmare tenant, and is likely to just stop paying the rent at some stage. Because it's your second ever payment, and you, from his perspective are already trying it on, can't manage the payments, haven't read the contract...he might well decide that it's better to get shot of you now, before you start paying monthly, then decide that you haven't read the contract and stop paying every month because you didn't realise you had to etc etc.

You know (I assume) that you're not that tenant. But you've shown him no evidence to the contrary, so you really need to start thinking about the kind of tenant you're presenting yourself as, otherwise you're at risk of making him think better to evict you now and chase you through the courts, before you have a chance to really cause more problems. I don't want to be harsh, but I do want you to see it from the other side, because you'll end up in more trouble if you really believe that the landlord is being unreasonable. You need to be the conciliatory one here, you're not the wronged party. Can you manage to offer him two payments of £1100?

SlipperFrog Sun 07-Apr-13 20:48:20

I don't know, the more I think about it the more I think we aren't being incredibly UR, we have given him 6 months up front, and are offering him 2 lots of £3150 rather than one lot of £6300. We are still paying him what he asked, just in two lots rather than one.

AnyoneforTurps Sun 07-Apr-13 20:48:41

It doesn't sound like he actually has any legal basis to demand you pay extra

Arrgh - please read the OP. He isn't demanding extra. The OP asked for - and got - a £600 discount in return for paying the 1st 6 months up front. The landlord - quite understandably - doesn't want to continuing offering a discount if he is not going to continue to get the upfront payment.

I feel sorry for the OP but I also think the landlord is not BU. He may depend on rental income to cover his own mortgage and other expenses. He has already been pretty accommodating by giving the original discount.

Bearbehind Sun 07-Apr-13 20:58:30

^slipper* why did you bother posting, you think you are right, legally you are not if you have signed a contract agreeing to these terms. You have no choice, if he evicted you, you are still liable for the rent until the end of the tenancy.

If you can negotiate a better deal then great but if not, it's tough shit really, lesson learnt, read all contracts in future. You got a discount for paying six months in advance, you can't move the goalposts.

In your position I'd offer £3,300 now then the same in 3 months- it's half the discount for half the payment terms. The landlord has no obligation to accept but he might.

Astley Sun 07-Apr-13 21:01:40

How is he getting what he wants?! He's giving you a £100 a month discount for specific terms you're already trying to break!

CloudsAndTrees Sun 07-Apr-13 21:05:56

But you are being incredibly unreasonable. You are trying to change the terms contract you signed just six months ago.

I can completely see where enough are coming from and I can see why it would seem harsh of the LL to not allow you to pay in two blocks. But you have to see that you have been given a significant discount based on you paying six months up front. If you aren't able to do that, you have to accept that you are no longer entitled to the discount.

Uppermid Sun 07-Apr-13 21:12:49

Sorry but I think yabu. You knew the price but managed to negotiate down for a lump sum, you can't expect him to keep it at that price on a monthly basis. Not what you want to hear I know.

RapunzelAteMyHamster Sun 07-Apr-13 21:16:27

That's exactly the attitude that will get you evicted.
He owes you no favours. How on earth is he to know you'll really give him the next block of three months, in three months time? You've hardly given him reason to trust you?

If it was my property, I'd be double checking my legal position, and as soon as your underpayment hit my bank account, I'd take whatever option got you out quickest, breach of contract, whatever, so I could get another tenant in who would pay the rent that I was expecting to get (£1150) in the first place, which would leave me least out of pocket,

NotDavidTennant Sun 07-Apr-13 21:30:40

AnyoneforTurps: 'Arrgh - please read the OP. He isn't demanding extra.'

The rental agreement will say something to the effect that the montly rent is £x. Unless there's a clause that says that the rent rises to £x + 100 if the tenant doesn't pay in six month blocks (and my understanding from what the OP has written so far is that there's no such clause), then the landlord is entitled to rent of £x and not a penny more. The fact that the landlord considered this to be a discounted rate is neither here nor there, he has no right to unilaterally raise the rent even if the OP is technically in breach of contract.

CloudsAndTrees Sun 07-Apr-13 21:34:29

There may be that technicality NotDavid, but it would be pretty shitty behaviour on OPs part to know that she had negotiated a discount on the basis that she was going to pay six months in advance and then expect the discount to still be honoured when she isn't honouring her side of the deal.

AnyoneforTurps Sun 07-Apr-13 21:40:39

e fact that the landlord considered this to be a discounted rate is neither here nor there, he has no right to unilaterally raise the rent even if the OP is technically in breach of contract.

Of course he does - assuming it's a standard assured shorthold tenancy lease. The current issue is the rent for the second 6 months of the lease - the OP has already paid the 1st 6 months up front. Provided he gives due notice, the landlord is perfectly entitled to raise the rent as much as he likes for the 2nd 6 months. He is not retrospectively raising the rent for the 1st 6 months of the tenancy.

And how would you expect rent to be raised, other than unilaterally? Not many tenants volunteer for rent rises! Perhaps you mean retrospectively?

OldLadyKnowsNothing Sun 07-Apr-13 21:41:37

OP is unlikely to be evicted if she pays 3 + 3 months. Landlord could take her to court for breach of contract, but a judge is unlikely to grant the eviction where there are no rent arrears. OP is making a reasonable offer.

RapunzelAteMyHamster Sun 07-Apr-13 21:42:10

But he's entitled to rent of exactly £x, not a penny more, in one payment. It's not a monthly rent term, it's a six monthly rent term.

If you had a weekly rent, and suddenly decided to pay it monthly instead then you'd be in the wrong and depending on how the contract was written, be in breach of it. This is no different.

OP, it's possible you can get away with underpaying. You might be "lucky" and the contract isn't watertight, he'll find out it's unenforceable legally and not be able to evict you now. He's going to do it on the dot of six months time though, unless you work with him, you'll get your notice to leave in 4 months and then you'll be looking for somewhere les, with no reference and all associated moving costs.

specialsubject Sun 07-Apr-13 21:44:42

it sounds like the landlord is also in financial difficulties - the sum under discussion is £600 so if BOTH parties don't have that as 'flex' or savings it isn't good.

OP - as you know you are legally committed and the landlord is being perfectly reasonable. You are given big signals of 'tenant likely to default'

all I can suggest is to meet the landlord, have a frank discussion and see if either of you can afford to compromise. And you need to look long-term at reducing your expenses, whatever it takes, because if you are in this much trouble over £600, your situation is not sustainable.

good luck.

Bearbehind Sun 07-Apr-13 21:47:46

Special why does the landlord have to be in financial difficulties because he doesn't agree to reducing the rent that he is contractually entitled to???

RapunzelAteMyHamster Sun 07-Apr-13 21:52:26

He's not reducing the rent it's the payment terms they're arguing about.

He is under no obligation to do anything other than require the 6 month lump sum. He's offered OP another option, which is to pay monthly, but at a higher rate. He doesn't have to offer that, but he is, which is some give on his part, as he will have planned his finances around one lump sum, and now that will change.

FredFredGeorge Sun 07-Apr-13 21:58:53

AnyoneforTurps No the landlord would have to give 1 rental period notice in an AST for a rent increase ie he could give notice now for 6 months time - but can't before.

And yes the landlord can evict you - of course if he does that, he's faced with a tennant who's either not going to show anyone around, or happily show people around and tell them exactly what a shit the landlord is evicting good paying tennants over a misleading contract.

The landlord is likely to lose a lot more than the interest on the a few months. However not paying your 2nd rent payment is a big red flag, so it would be sensible for the landlord to maybe get rid the tennants as soon as possible. However the 1 or indeed 3 month offer to pay would be silly to reject.

Given the landlord has to take reasonable steps to find a new tennant during the 6 months the OP is liable, and the OP is offering to pay the rent throughout that period, I think it unlikely that the court would look favourably on the landlord - who's being pretty silly as described.

zoobaby Sun 07-Apr-13 22:16:35

I think I read upthread that you have no break clause. If landlord decides he wants you out due to breach of contract, then a Section 21 notice covers one rent period. In your case, your rent period is SIX MONTHS and he therefore can't do anything about evicting you immediately. So you have a little protection from being turfed out willy-nilly.

If you break your contract then he has legal protection. It will just take some time and money and inconvenience. So, who knows, he may be willing to compromise.

If he has to go down a legal route, then don't expect to pass any future vetting processes. How successful will future housing endeavours be with that hanging over your head?

The best solution is to have a frank talk. If he wants extra money to change to monthly payments then you really must get a brand new assured shorthold tenancy agreement. Read it carefully and make sure you understand the contents and each side's responsibilities.

NotDavidTennant Sun 07-Apr-13 22:18:36

AnyoneforTurps: 'Of course he does - assuming it's a standard assured shorthold tenancy lease. The current issue is the rent for the second 6 months of the lease - the OP has already paid the 1st 6 months up front. Provided he gives due notice, the landlord is perfectly entitled to raise the rent as much as he likes for the 2nd 6 months.'

"Some tenancies are for a fixed period. If there is isn’t a provision in a fixed-term agreement for the landlord to increase the rent, the rent will remain the same unless you agree to a rent increase."

Pretty sure that the OP has said that she is on a one year lease, so the landlord cannot unilaterally change the rent during that year.

specialsubject Sun 07-Apr-13 22:22:17

bearbehind (Love it!) - I agree entirely that the landlord doesn't have to agree to anything not in the contract. But it costs a lot more to replace a tenant, possibly with a void, then to let this one change things for the sake of £600 - two weeks with the place empty and that's gone, plus he will be paying the council tax.

the landlord is perfectly entitled to insist on the contract. but with this tenant in financial trouble, it would seem pragmatic to take the money offered for now.

what would I do? I'd take the 3 months and give the tenant 3 months notice, as it sounds like they will default sooner or later.

zoobaby Sun 07-Apr-13 22:31:57

Landlord can raise the rent after the initial contract period (one year) using a Section 13 notice. But raising the rent is not the question.

The question is the CONTRACTED OBLIGATION for 6 months of rent (your landlord is NBU to expect that you were putting aside 1 month of rent each month so you could make your 6 monthly installment when expected).

You've unknowingly put yourself into an unfortunate situation that needs to be negotiated.

Gomez Sun 07-Apr-13 22:36:18

Yes you are being unreasonable. The earlier negotiations are neither here or there. You signed a contract which required the rent to be paid 6 monthly in advance at x rate. You can't meet those terms.

Practically pay what you can and be as reasonable and apologetic as possible to prevent the landlord taking action. But be prepared to be served notice, you will be moving on in 6 months. Likely with no reference.

NotDavidTennant Sun 07-Apr-13 22:39:29

RapunzelAteMyHamster: 'But he's entitled to rent of exactly £x, not a penny more, in one payment. It's not a monthly rent term, it's a six monthly rent term.'

But the OP didn't realise this and doesn't have the six months rent. The landlord could have legal entitlement to the moon on a stick, but if the tenant doesn't have it then they can't pay it. Some kind of compromise needs to be reached.

Or perhaps you're correct that the landlord will move straight to eviction proceedings, in which case there's nothing the OP can do about it anway. But as others point out, there may be impediments to the landlord evicting the OP before the end of the current tenancy. That's why she needs to seek professional advice on her situation.

RapunzelAteMyHamster Sun 07-Apr-13 22:52:52

To be fair, it's not the landlord's fault that she didn't read the contract.

Also, it's totally dependent on the attitude. I have had tenants occasionally say to me, I'm so sorry, I'm short because of xyz, can I pay you the remainder in two weeks (or whatever). Its a pain in the neck, but we always work it out. OP doesn't seem remotely sorry, or think it's her fault she didn't understand what she was signing, or that she's unreasonable changing terms unilaterally and that the landlord should suck it up. A tenant with that attitude has trouble written all over them, and I'd want to get them out sooner rather than later.

I agree there should be a compromise, but she's not going to get anywhere if she genuinely thinks she's totally in the right.

RapunzelAteMyHamster Sun 07-Apr-13 22:59:47

Although maybe that's unfair, and its just the attitude she's presented here, and she's been lovely to the landlord in person. But my alarm bells would been set off by her saying she hadn't read the contract. OP obviously knows that is the case, but I would be thinking pull the other one mate, its got bells on it.

So she's already on the back foot and as lots of other people have said, she needs to sit down and sort it out, rather than deciding she's not in the wrong and thinking she'll just pay the three months anyway and hope for the best.

cumfy Mon 08-Apr-13 01:18:18

You can afford £3000 (3 months rent) but not £100.confused

That makes a lot of sense.hmm

Isn't what he's offering the original £1150 monthly ?

Seems more than reasonable to me.

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