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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Can my landlord ask for a guarantor now?

70 replies

ikeakia · 26/11/2019 22:41

I’ve lived here for two years in December and always paid 6 monthly. I asked my landlord in October if I could now pay monthly and he verbally said this was fine. However the mortgage for the property goes through his business so although the money put up was his, his business partner has an interest in my tenancy. It runs out on the 19th December and today he ( the partner) has messaged me informing me that if I’m to stay and pay monthly I now need a guarantor.

Is this right?

OP posts:

DelphiniumBlue · 26/11/2019 22:49

It all sounds quite informal. Do you have a written tenancy agreement?
And what do you think they will do if you don't come up with a guarantor?
They'll need to serve proper notice if they want you to leave.

DelphiniumBlue · 26/11/2019 22:52

Just thinking, who is actually named as the landlord ? Not sure that the mortgage going through the business gives the partner a stake in the property if he didn't already have an interest in it. Why is the partner getting involved now?

lastqueenofscotland · 26/11/2019 22:55

It is a change in terms so technically yes he can

Original poster

ikeakia · 26/11/2019 22:59

Yes, I have a tenancy agreement drawn up by an estate agent but it has always been informal other than that as the landlord is known to my family as an acquaintance so we’ve had direct contact and the estate agent just drew up the tenancy agreement. The business partner has always been involved, it’s normally him who makes contact. The landlord came round in October to clear the guttering and I spoke to him then about paying monthly and he verbally agreed. No mention of a guarantor.

OP posts:

Original poster

ikeakia · 26/11/2019 22:59

Ok thank you.

OP posts:

Ponoka7 · 26/11/2019 23:02

Contact Shelter in the morning.

raspberryk · 26/11/2019 23:02

Yes it is quite normal, I paid 6 months upfront plus had to have a guarantor when I rented.

Ponoka7 · 26/11/2019 23:03

How long was your tenancy agreement for?

Original poster

ikeakia · 26/11/2019 23:03

It’s only because I’ve been here two years and didn’t need one before.

We’ll have to leave.

OP posts:

Original poster

ikeakia · 26/11/2019 23:05

It’s been a rolling contract. It ends in December or would roll on if I paid another 6 months or had a guarantor, which I don’t.

OP posts:

Dazedandconfused10 · 26/11/2019 23:05

If you want to change payment terms there is no reason to not require new affordability checks suggest that rather than guarantor but ultimately they can request what they want they are the business and you are the customer. If they have rent guarantee insurance they need to prove their due diligence to the insurance company on affordability.

Original poster

ikeakia · 26/11/2019 23:06

Ok thank you

OP posts:

Original poster

ikeakia · 26/11/2019 23:08

I’ve got three weeks to find somewhere, pack and leave.

Already checked and there are no properties close enough to school.

OP posts:

GooseFeather · 26/11/2019 23:08

Pretty sure I was told that if my tenant wanted to switch to monthly, he would have to be re-referenced and that would have triggered him needing a guarantor. We did not want to put him through that. So we stuck with 6 monthly.

Can you stick with 6 monthly rather than move?

Original poster

ikeakia · 26/11/2019 23:10

Not possible to do that. The landlord was absolutely fine with monthly, it’s just his business partner who isn’t.

OP posts:

IndefatigableMouse · 26/11/2019 23:12

If they make you leave it will take a lot longer than three weeks. Don’t immediately panic. Others will come along who are knowledgeable on this.

TrixieFranklin · 26/11/2019 23:13

They'll need to give you two months notice. An AST which is not formally renewed and not been terminated with correct notice automatically goes onto a periodic monthly term at the end of the current term where you have to give one months notice and they have to give you two.

badgermushrooms · 26/11/2019 23:17

No no no you don't need to leave in 3 weeks!!!

When your fixed tenancy runs out it automatically becomes a rolling tenancy, and if they really want you out they have to go through a long process first. Talk to Shelter or Citizens Advice in the morning and in the meantime don't panic!

SoxiFodoujUmed · 26/11/2019 23:18

a rolling contract is what you have by default. unless thou sign something to say you agree to different terms, all shorthold tenacious automatically convert to becoming a rolling contract once the initial term is over. they can ask you to leave but there is a formal process they have top go through which costs them time and money to make it happen legally. they can't just chuck you out.

did your original contract specify that you would pay 6 monthly or had that just been the informal arrangement?

if next rent day you pay 2 months rent instead of 6 are you actually in breach of the contract? you are still paying your rent in advance.

if you can come up with the funds reliably then you are a better bet than a costly eviction process followed by an unknown number of weeks with no rent while they find a new tenant, then the uncertainty of waiting to find out whether the new tenant is reliable or a nightmare.

whistleinthewind · 26/11/2019 23:20

As others advise they need to serve a section 21 and give you 2 months notice. You can refuse to leave and they will start court proceedings to have you evicted. If you can't afford/have nowhere else to go, shelter will advise you stay put till the bailiffs come knocking. Regardless of how long you are there for or how you leave, do ensure you continue to pay rent (not that you wouldn't).

But you have more than 3 weeks, don't let them force you out sooner than what you're entitled to ... unless you find somewhere before the 2months is up.

JasonPollack · 26/11/2019 23:21

No, you'd go on to a rolling monthly tenancy when your contract runs out and then they would need to serve you proper notice to leave, which takes months. Don't worry

Original poster

ikeakia · 26/11/2019 23:21

Last I heard the business partner was looking into the legality of getting me to pay a month in advance ( so paying this month and then continuing in December) which I would have been fine with. I just don’t have a guarantor. Which they know.

OP posts:

whistleinthewind · 26/11/2019 23:28

You should have paid a deposit, and they should have registered that with the tenancy deposit scheme and provided you with the reference number within a certain time frame of your tenancy starting. That would have been your deposit and your then you paid 1 month already upfront so why are they asking for more?

It's a legal requirement for the tenancy deposit and they can fine him double that if he hasn't, if you need more time and he's being an arsehole about it double check he's crossed al his t's and dotted all his i's... you never know, if they haven't done something and think they'll get in trouble for it he may change his stance

Bobblebop · 26/11/2019 23:28

We have paid 12 months upfront on our rent as I wasn’t working when we moved and my Dh’s salary didn’t quite cover the affordability. They did make it clear to us if we want to switch to paying monthly next year we will have to be re-referenced.
Would you pass affordability checks? If so Can you ask to be referenced instead of a guarantor?
Or if you can maybe offer 3 months instead?

whistleinthewind · 26/11/2019 23:29

Sorry just reread that it's through a tenancy agency so most likely done - sorry!

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