Can my landlord ask for a guarantor now?

[ikeakia]

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?

Am I reading correctly - you spent your rent money on improvements to their property?

Some really good replies here. Have a meeting with them both. Tell them that you are enjoying living in the property and want to continue that stability for your family..schools etc. Contact your local housing support team if you need to and ask them to help you to negotiate a positive outcome that will avoid upheaval for you and a lengthy legal battle for them!

I see an issue that you have paid repairs. You really should not have had to do that
Can you explain

The money has gone on improvements to the house which the landlord had agreed, decoration and such.

So you spent the equivalent of 6 month's rent on improvements to the property with the landlord's permission? Do you have his permission in an email? Did he know you were spending the rent on enhancing the value of his asset? And do you have receipts for everything you spent?

I know these are a lot of questions and you are feeling a bit overwhelmed by it all, but I am shocked that this is being allowed to happen.

Also - how is the mortgage for the landlord's father's property in any way tied up in his business and connected to a business partner? Is the partner his wife?

I would go in all guns blazing about the rent money going on repairs and make him put everything in an email:

Dear Landlord,

Thank you for your email yesterday [or whatever].

Just to clarify this in writing, I was willing to pay the next six month's rent on the 15th of October, when it was falling due.

However, after our conversation on the 18th of October when you said that you were happy to switch to monthly payment instead, I used part of that money to make some upgrades to the property, which you agreed to.

These included:

Repainting XYZ - £250
New ABC - £140
Replacements for DEF - £540
[etc etc etc]

Total: £XXX

Please see receipts attached.

Naturally this means that the £XXX for the rental period November - May is no longer intact.

As you know my personal situation, you must be aware that I cannot get a guarantor. I am surprised that you waited nearly a month to tell me that you had changed your mind.

You must also be aware that I have spent part of the 6 month's rent for the next period on improvements which were done on the clear understanding that I was to remain in the property for the next three years, and that you were happy for me to do this work and that you were happy with monthly payments.

If this has changed, I would like to be fully reimbursed for the improvements immediately, or have it deducted from the next 6 month's rent payment. I can then pay you the balance for the next 6 months up front as per our original agreement.

If this has NOT changed, I would like a new lease specifying these terms that you verbally agreed to in October.

Best,

Ikeakia

OP I would use @crosspelican explaination.
It is not going to look good if you were due to pay 6 months, then asked for a month and have no money to secure it.
See will he take an extra week every month for 4 month's or borrow the deposit.
It'll cost as much to get you out to rerent so I am sure he'll give you some time.

If this has changed, I would like to be fully reimbursed for the improvements immediately, or have it deducted from the next 6 month's rent payment. I can then pay you the balance for the next 6 months up front as per our original agreement
Don't include this. He didn't ask you to redecorate. Lesson learnt don't spend on a rented house. I spent a fortune here my landlord is family the place was rented for 25 years before they bought it, I know im here for at least 5 years.

Don't include this. He didn't ask you to redecorate.

I know she has no legal recourse on this, but the understanding was very clear that she was spending her money voluntarily on the property with his permission BECAUSE she was staying for 3 years on the terms verbally agreed.

So this is why the rent money is no longer intact if he turns back to her and says "okay - 6 months up front please".

Definetly seek advice from shelter, there has been a ton of new laws passed in just the past 3 weeks to protect private tenants and stop rogue landlords making it up as they go. I use the online chat service whenever anything comes up myself and agents disagree on and they will give you sound advice and even give you the laws to quote verbatim. Good luck and don't panic, think of it this way the landlord knows you knows you pay,and look after his property. if he start a new tenancy he risks a tenant he has no clue about other that credit checks. It should be preferable for him to keep you on.

It is standard to expect a months deposit and a month in advance in a rolling month rental contract.
You asked for the change of payment I think you have to except the change in monies due to a change on the tenancy agreement.
You have no choice unless you back back to the original contract.

The details are all a bit messy. If an estate agent drew up the AST then the terms should be clear. The deposit is nothing to do with your rent. It is usual to pay monthly in advance. You are more likely to be asked for 6 monthly plus a guarantor if you ae a higher risk. It does not sound as if the landlord really knows much so you should be asking the estate agent even if they are not managing. As others have said, to evict you needs a sec 21 and two months noticce, if yoy refuse to leave after that date it will take them about 4 months to get an eviction. Please dont go down that route or you will struggle to get another tenancy. Are you able to find a guarantor? Do nothing until everyone has got their facts right

It is not the landlords responsibility to reinburse you for improvements. You should not have done them without permission. He did not ask you to do them. Tenants often do them very badly

England:

there have been no new laws passed in the last few weeks. The last change was in June regarding tenancy fees.

OP needs to read her how to rent (available online if the landlord didn't provide it - and not doing so invalidates the section 21 that she hasn't been given anyway) and get informed. No need to phone Shelter, all the info is easily accessible online.

if LL wants to evict for no guarantor, proper process must be followed same as for any other eviction.

not engaging directly as the last one that didn't know their rights chucked the toys when it was suggested that learning them would be good.

of course OP cannot be evicted at 3 weeks notice.

You should not have done them without permission

Putting aside your obvious bias against tenants, if you actually bother to read what the OP is writing then you will see that she did have permission to use her money to improve the landlords asset.

"The money has gone on improvements to the house which the landlord had agreed, decoration and such"

Some very good advice here that you seem to be ignoring - they can't legally kick you out with 3 weeks notice - yet you keep repeating that this is the case - read the helpful comments - go back to the Landlord and say you need 2months as is the standard required notice period! then you can sit tight until after Xmas and be looking for a new place in the meantime.

They can't come over and force you out - it is a crap situation and I don't envy you - but it will be ok - you will sort a new place and you have time!

Have spoken to them and made arrangements to pay extra. It was the only way to stay as moving not an option.

Thank you everyone for your comments.

... you never had to move...

I would have if I couldn’t find a guarantor. Maybe not straight away but I really could not have coped with more stress heaped on the above. I need to be able to shut my door and not worry that the people who own the house want me out. It’s not about my rights or the law, it was about feeling like I was safe and my children had a home.

So glad you got something sorted, OP.

I was going to suggest offering to pay the premium for a landlord's insurance policy that provides cover against non-payment of rent and stuff. Some landlords will accept this instead of a guarantor.

Get the new arrangement in writing now

Cover your ass, he was prepared to shaft you, treat it now like a business arrangement going forward

You're asking to change terms and this likely will invalidate their rent guarantee insurance so I would suggest working with the landlord on this.

If you don't have a guarantor you can use a service like housing hand or other services you can find on Google.