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Original poster

Landlord requesting rent early?

16 replies

allluckedout · 26/10/2010 11:58

Not sure if i amn posting in the right section or not, but here goes.
I am posting on behlaf of my friend whos not a mumsnetter but i said you clever ladies might be bale to help.

She rents a house for £825 a month and as a single working mum the majority of her rent is paid by housing benefit, which she receives fortnightly.

The rent is due on the 5th of each month, previously until this month she had paid an agency and they paid the landlord, but the landlord has now asked for the rent to be paid direct to him, this in itself is not a problem or an issue, the issue now being that he wants the rent paid fortnightly. But this would then mean that she had to find the rest of the half of the rent this fortnight instead of paying the rent in full with her additional payment when she gets paid.

Is she within her right to say no, the rent is due on the 5th of each calendar month and this is when he will receive his rent?

We worked out if he has to pay £412.50 a fortnight he would end up with one extra payment per year, giving him more rent?

Thanks for any help or advice you can offer her.

OP posts:
Chil1234 · 26/10/2010 12:12

It would depend on any rental agreement that she had signed. Terms and conditions shouldn't be changed at the drop of a hat. She would probably be well advised to refer to someone like the CAB to see where she stands on timing of rent payments. And yes, £412.50 a fortnight is rather more than £825 per calendar month... so it's a rent increase as well.

Original poster
allluckedout · 26/10/2010 12:45

The agreement is for £825 per calendar month, due on the 5th of each month.
thank you for the reply.

OP posts:
MassiveKnob · 26/10/2010 12:49

well, if that is the agreement, then she can stick by that. She would have to agree any changes, and she doesn't so, I would have thought it can remain as is.

MadreInglese · 26/10/2010 12:51

has she spoken to the agency?
surely her agreement/contract is with them and not the landlord

bobblemeat · 26/10/2010 12:55

£825 per month is £380.77 per fortnight. If he asks for more than it is a rent increase.

He can't change the terms but he could ask her to sign a new contract when hers runs out rather than letting it just roll on.

clam · 26/10/2010 13:01

Sounds like he's trying it on.

Original poster
allluckedout · 26/10/2010 13:52

Um, seems it may be more complicated than we first thought then.
There has been no notification from the agency that she is to now pay the landlord direct, just a letter following up an email that he sent her. I've asked her to find her tenency agreement out to see who it says she should pay. The agency were just collecting the money and not managing the property her landlord is managing the property in terms of repairs etc.

OP posts:
BeenBeta · 26/10/2010 13:59

A contract is a contract. She should not pay early.

I also think she should make sure she tells the agency in writing what is happening. The agency might not know and they could start issuing demands for rental payments or even start eviction proceedings on the grounds she is no longer paying rent to them as agreed. It is also essential she gets a receipt for each payment she makes to the landlord.

I am not saying this is the case here, but I have a friend where this happened to discover only later there was a legal dispute between agency and landlord and they got caught in the crossfire.

In short, all parties have to be clear and agree in writing what is happening. It is not just a matter of swiching where and when the money is going. It is a variation to contract and needs a clear written record.

Original poster
allluckedout · 26/10/2010 19:40

So she rang the agency this afternoon and yes you're right, if she stops paying them shes in breach of her contract and could end up being evicted.
it seems at the moment shes stuck between a rock and a hard place (or whatever that saying is!)

OP posts:
LucindaCarlisle · 26/10/2010 20:07

In similar cases were the tenant pays the agent, it can be another ten days or so before the landlord gets his money into his account.

Chil1234 · 26/10/2010 20:10

Not really... her contract is with the agency and as long as she honours that then she is legally in the right. What your friend should probably take from this, however, is that her landlord sounds like he has cashflow or other financial problems ie. trying to get rid of the agency (who take a cut) and wanting to up the rent at the same time. If he's really got problems he may want to sell the property. If I was her, I would be having a precautionary look through the 'to let' ads this weekend.... keep on her toes.

LucindaCarlisle · 26/10/2010 20:14

chil1234. You may be wrong there.

agent means AGENT

The contract may be with the Landlord.

Chil1234 · 26/10/2010 20:19

If the contract is with the landlord and the agency is just running the admin & taking the payments that's all the more reason to check those small ads, I'd say.

LucindaCarlisle · 26/10/2010 20:25

Nonsense.

Chil1234 · 26/10/2010 21:22

Nonsense? You'd be happy to stay as the tenant of man that's trying to circumvent the agent, up the rent, get money out of you two weeks early and trick you into breaching your contract?

LucindaCarlisle · 26/10/2010 21:34

You may be over reacting.

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