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AIBU?

Landlord problems, aibu?

78 replies

SlipperFrog · 07/04/2013 17:21

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?

OP posts:

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Wibblypiglikesbananas · 07/04/2013 17:45

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 · 07/04/2013 17:47

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.

Loislane78 · 07/04/2013 18:02

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 · 07/04/2013 18:37

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

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maddening · 07/04/2013 18:45

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 · 07/04/2013 18:52

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?

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montage · 07/04/2013 18:56

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 · 07/04/2013 18:57

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 mistake...you 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. :)

SlipperFrog · 07/04/2013 18:58

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

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Feminine · 07/04/2013 18:58

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

I must have been living abroad way too long!

Feminine · 07/04/2013 19:00

why does he need it up-front?

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

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

SlipperFrog · 07/04/2013 19:01

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...

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dizzyhoneybee · 07/04/2013 19:01

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 · 07/04/2013 19:04

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

:) good luck.

aquashiv · 07/04/2013 19:06

In all truth and honesty find somewhere else

Bearbehind · 07/04/2013 19:07

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 · 07/04/2013 19:09

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 · 07/04/2013 19:09

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

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Bearbehind · 07/04/2013 19:12

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 · 07/04/2013 19:16

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 · 07/04/2013 19:17

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

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Bearbehind · 07/04/2013 19:22

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.

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Feminine · 07/04/2013 19:25

How is a LL able to contact a credit agency?

Sounds like blackmail.

CajaDeLaMemoria · 07/04/2013 19:27

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 · 07/04/2013 19:39

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.

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