Girlfriend rent arrears

[Ftgab19]

Hi everyone 

 

I’m currently in the middle of rent checks for a property I’m hopefully moving into if all the checks come back positive. 
 

but I’ve just been informed by the rent people that my partners checks have failed due to her having rent arrears at her last property. 
 

This isn’t true because she cleaned them all before temporary moving in with me back in January.

The reason she has any was because the new letting agent put the rent up 10 months ago.

 

They put it up by £30 but with my partner being a bit naïve she didn’t care that they never changed the rental agreement to the new payment figure.

So she fell behind a bit in the next few months but cleaned it all before leaving. 
 

they are now saying she owes over a £1000 in arrears and this is the first where hearing of this.

They never told her when she was leaving that she owed rent and they never tried getting hold of her until now when we did the checks for a new property. 
 

the rent people doing the checks said we should get in contact and sort this out because it would result in a fail for her application if not sorted out. 
 

Any advice on what to say would be great

 

thanks 

Andrew 

[stu007]

Hi

 

Sadly there will be no quick fix to this due to your partners arrears for a previous property which you have now found out has failed the letting agents checks for renting a property with yourself.

 

You could try to reason with the letting agency but it would ultimately be there decision and I can understand your concern.

 

I would suggest that your partner sends a Subject Access Request (SAR)  to the letting agent of the previous property they had the arrears simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be written, email, telephone recordings etc, they have 30 calendar days to respond on acknowledging receipt of the SAR Request, this may be extended if they require to verify your identity to comply with a SAR.  (note a SAR is now free due to the new Data Protection Act 2018 (DPA) & General Data Protection Regulations 2018 (GDPR) )

Now a few questions to do with your partners previous property:

1. What type of Tenancy Agreement did they have and the start date?

 

2. Did they pay a Deposit and was it protected in a Tenancy Deposit Scheme and after ending tenancy was the deposit returned?

 

3. Did they give the correct notice to the letting agency to end the tenancy as per there Tenancy Agreement?

 

4. Exactly when were they notified of the increase of £30 to the rent?
 

[Ftgab19]

Hi Stu007

 

They haven’t said her application has failed yet.They asked my partner to contact the old letting agent about this and let them know when we have. They said this after we explained to the rent check people what had happened. 

I’m thinking the old letting agent doesn’t really have a case since they never made a new rent agreement with the updated figure. They never send any letters or any form of correspondence about the change. It was all done in home visit verbally. All they’ll have is the old rent agreement and bank statements of the original agreed amount being paid on time each month. 

So I know it would never stand up in count I just need to know what I can say to them to admit it’s at best an error or worse BULL****

We currently have a holding deposit on the property we want to move into and the agreement is up on the 19/05/2020. In the agreement it says the landlord has to give a decision 5 days before the deadline which is tomorrow.
 

When we was filling out the applications it said I had 100% rent share and my partner had 0%. So I’m not even sure if it’s going to matter if her application fails since they said from the beginning due to her only having benefits as an income that they’ll go of my income for the rent only. 
 

Thanks

Andrew 

 

[Ftgab19]

I was thinking of emailing the rent check people this. 
 

Hi Chris 

 

Due to the false accusations the previous letting agent is making about rent arrears myself and my partner are currently seeking legal advice from the Community Action Group and Citizen Advice about how best to resolve this. 

 

They have already instructed us to send a subject access request to the letting agent to figure out what has happened. 

 

We’ve looked at the deposit agreement we signed on the 04/05/2020 and we have until the 19/05/2020 to sign a rent agreement. It also says the landlord needs to make a decision 5 days before the deadline which is tomorrow. 

 

Now since my rent payment share is 0% on my application and my partners is 100% and his application seems to be fine how will this affect the joint application? 

 

Will I need to be taken off the agreement and be made an appointed tenant if my application fails or will we need a guarantor as my partners mum n dad are more then happy to be one for the  property. 

 

[honeybee13]

Hi.

 

Other people know more about this but I would be wary about mentioning false allegations.

 

Please wait for more answers.

 

HB

[Ftgab19]

I’m just worrying about the deadline because I’ve got a partner about to give birth and no other rent places to sign up to.
 

I really need this property they surly can’t care if my partner fails if they’ve put on my application 100% of rent share payment 

[BankFodder]

Yes, I would definitely steer clear that kind of language – "false allegations". You need to keep it very moderate and very measured to make any headway.

I agree with the first response that this could take a long time.

One of my site colleagues has asked why, if you are paying all the rent, that your girlfriend needs to be on the rental agreement at all? Maybe you can respond to this.

If you are paying the rent then maybe you can simply suggest to the rental agency that you should have your name only on it and you will take full responsibility. If you can get that to happen then afterwards we can help you deal with the first landlord who put the price up but didn't tell you.

On the basis of what you say, they have no business trying to claim extra money from you and we can help you deal with it – but the first thing of course is to get you homed.

[BankFodder]

By the way, even though they didn't put the figure on the rental agreement, did she know that it had gone up?
Also, what does this mean

Quote

 

This isn’t true because she cleaned them all before temporary moving in with me back in January.

Do you mean cleared?

Also, you need to be careful about how you contact them because if they really think that you owe them £1000 then they will realise that this is the moment where they've got a big hold over you and they will put their heels in and use it to leverage the money

[Ftgab19]

Hi bankfodder 

 

I won’t use that language then but I need to send the rent check people something because they asked us to get in touch with the old letting agent and to let them know when I have. 
 

And we haven’t moved in yet as the new letting agent is waiting on the checks to be done. That’s why we have a holding deposit to have the property off the market why they do the checks. 
 

When we started the application they said I would be paying the whole rent because they don’t take her benefits as income. But when they sent the holding deposit agreement and the applications they had my partners name on it not just me. 
 

And yes sorry I meant that she’s paid and cleared the arrears before leaving. 
 

I just really want to get an email sent over to the rent people ASAP so we don’t run out of time and to explain that maybe the can take her off the application and she’ll just leave with me and I’ll be the only named tenant. 

Edited May 13, 2020 by Ftgab19

[Ftgab19]

Would it be okay to email the new letting agent this? 
 

Quote

 

Hi Chris 

 

Because of what the letting agent has said regarding rent arrears myself and my partner are currently seeking legal advice from the Community Action Group and Citizen Advice about how best to resolve this. 

 

They have already instructed us to send a subject access request to the letting agent to figure out what has happened. 

 

We’ve looked at the deposit agreement we signed on the 04/05/2020 and we have until the 19/05/2020 to sign a rent agreement. It also says the landlord needs to make a decision 5 days before the deadline which is tomorrow. 

 

Now since my rent payment share is 0% on my application and my partners is 100% and his application seems to be fine how will this affect the joint application? 

 

Will I need to be taken off the agreement and be made an appointed tenant if my application fails or will we need a guarantor as my partners mum n dad are more then happy to be one for the  property. 

 

 

[BankFodder]

Well I realise that things need to move on – but I think that you need to just slow down a bit to make sure that you are certain for what you are doing and you are acting as effectively as possible.

Have you asked the agents why they have added your partners name to the agreement when originally in your discussions it was meant to be in your name? I think it will be worth clearing that up first rather than jumping in and speaking to the old agents. You can be absolutely sure that if there is some disagreement over rent which is apparently owed, then they will use it against you.

Have you got written evidence that everything was cleared? Was your deposit returned to you?

[BankFodder]

Also, I have just noticed the letter that you have put up a draft letter where you are proposing to take legal advice in order to resolve a dispute with your previous landlord/agent.

I would have thought that if there is anything calculated to fire warning shots across the bows of a prospective new landlord/agent – it would be a contentious or litigious prospective tenant.

I would really urge caution. I would suggest that you have the conversation – and I do mean conversation on the telephone – with the new agent along the lines I have suggested. And I would steer clear of indicating that there is any trouble or any possibility of legal advice et cetera in respect of your previous agent/landlord.

[BankFodder]

I would say that for the moment you probe the situation simply by asking the agent – as I have suggested above – why, when you had been told that the agreement was solely in your name because you are the hundred percent rent payer, that it was now being placed in both your names.

[Ftgab19]

They never said they didn’t want to do an application for my partner just her income wouldn’t count because she only gets benefits
 

What I’m trying to workout is if they say she has a 0% rent payment share and I have to pay all of it. Does it matter if she’s failed? Because the rent check people haven’t spoken to me about it and my application is still fine. So should I just tell them to take her off the agreement and just have me as a named tenant?  

[Ftgab19]

Okay what should I say on the phone about her old letting agent is saying as we’ve already told them that she has no idea why there saying she owes rent and that she cleared it before she left 

Edited May 13, 2020 by Ftgab19

[BankFodder]

I still think you should go back to your new agent and discuss it first. It's a shame that she's already disclosed information about owing rent. That may not be necessary.

But anyway, the new agents want the business and so it is they who may be prepared to be flexible. The old agents will want to hang onto your money or get the thousand pounds and so they are less likely to be flexible.

I will talk to the new agent first and say to them that the easiest thing to do because you want to proceed as quickly as possible and to move in without any problem and to pay them their rent is simply to put the agreement in your own name and rely on your own references because you are taking hundred percent responsibility for it.

I really don't know what else to suggest. You seem to be very keen on contacting the old agents – but I think that you are jumping ahead too fast. You should contact the people who want your business first. If you talk to them gently and reasonably you may find that it's completely unnecessary to go to your partners old landlord.

I'm still a bit mystified because I'm sure that in one of your early posts, you told us that you had agreed that the whole thing was going to be in your name and it is only when the documents arrived that you found that your partners name was included. Is that incorrect?

[Ftgab19]

I want to speak to my new letting agent I only wanted to contact the old agent because the new one said she should to sort it out and to let them know when we have. 
 

I don’t have a phone number for the new agent so I want to email and find out if I can have her taken off the application as it never made sense her bring on it with her not having a rent share to pay. 

But if I do that will she still be able to get housing payment because we was going to use that money to pay the rent. 

 

I don’t no how to bring the conversation about as they haven’t contacted me about the application because mine is going fine and they’ve only contacted my partner. 
 

 

They’ve messaged my partner again about 10min ago asking if she’s got hold of the old letting agent to sort this out. Could someone please let me know how I should ask about having me as the only named tenant because I can’t afford to lose this house and now they are letting people rent. I don’t want them trying to get rid of us and find a better tenant 
 

[Ftgab19]

Would this be okay to send to the new letting agent. I’m sorry for rushing but I’m panicking now because I can’t lose this house. 
 

 

Quote

 

I’m sorry it’s took so long to get back to you we’ve just been trying to get to the bottom of what’s happened with the old letting agent. I’ve looked at all my paperwork and can’t understand how they think I owe them anything. 

 

My partner and I have looked at the deposit agreement we signed on the 04/05/2020 and we have until the 19/05/2020 to sign a rent agreement. It also says the landlord needs to make a decision 5 days before the deadline which is tomorrow. 

 

Now since my rent payment share is 0% on my application and my partners is 100% with what’s happened maybe it would be better to take me off the application and have my partner as the only named tenant. I’ll just be an appointed tenant and have my partner be liable for the full rent. 

 

Because we won’t be able to sort this out with the letting agent in time for the deadline and we really need a decision ASAP so we can book a moving van and be moved in before our new baby arrives. 

 

If this isn’t possible we can always use a  guarantor because like we said from the beginning my partners mum n dad are happy to be one. 

 

 

 

Could someone just tell me if the above would be okay to send. I need to send them something and I can’t lose this house. 

[honeybee13]

Hi.

 

I'm a bit confused. I thought you said you were the rent payer because your GF is on benefits.

 

I know you're stressed but hopefully we can work on this more this evening. Don't do anything yet.

 

If your OH has the rent arrears problem, why would you want her to be the rent payer? I don't know about these things but if you have predictable earnings and no arrears problem, I'd have thought it would be better for that to be you.

 

Please tell me if I've missed something.

 

HB

 

 

[Ftgab19]

I haven’t moved into this place yet 

 

where doing checks with the new letting agent and have a holding deposit on the house until the 19/05/2020 I have not moved in yet. 
 

they said from the beginning I would have 100% of the rent share payment but they did application for us both even thou my partner wouldn’t be paying any rent but would be on the tenancy. 
 

I need help on writing an email to the new agent about taking my partner off the application so it’s just me so we can be approved. Is what I posted above okay to email them because the deadline for a decision is tomorrow and I need to email them before tomorrow 
 

 

I’m going to have to email them before 9 because I can’t lose this house 

[BankFodder]

3 hours ago, Ftgab19 said:

But if I do that will she still be able to get housing payment because we was going to use that money to pay the rent. 

 

 

 

Right – finally we are getting to the nub of the problem. If you had explain this one at the beginning we would have understood what was happening.

So the situation is that you actually want both of your names on the agreement because you want your partner to be able to claim housing benefit in order to be able to meet the rent commitment.

This is all fair enough – but I don't know why you didn't tell us this before. Also, I don't understand why originally you agree to have your name only on the agreement and then you seemed to suggest that when the agreement arrived, that for some unexplained reason, your partners name appeared on it also.
It seems to me that this must have been discussed and this is why they put your partners name on.

Now I understand that if you have your partners name removed that this is going to cause you considerable difficulty in terms of meeting the rent because presumably she will be entitled to receive a rent allowance – although this is not my area of experience so I can't really advise you.

Certainly, I now understand that you have to speak with the old agent – in which case all I can say is that you should be very careful. Noncontentious. And certainly don't start spouting anything about legal action or anything but certainly be prepared for them to come back to you and say that they want to thousand pounds before they will do anything.

If you don't have the thousand pounds that I'm sorry I don't know what you going to do. Also, I understand that you place a deposit on the new property and I can even imagine that if you eventually can't produce references that your new landlord/agent will refuse to repay the deposit on the basis that they held the property for you and that it is not their fault that you have this issue with your old landlord.

I'm really not quite sure what to suggest. You say that the arrears were cleared – so why that they think that you owe them £1000. What were the arrears anyway?

I think I asked you earlier whether your partner knew that the renter been increased and that it was simply that it hadn't been amended on the rent agreement. I'm not sure that you answer this.

I think it would be easier for you if you are completely straight with us and gave us all of the information, all at one go so that we didn't have to go into a cross examination and accidentally discover things for ourselves.

As I've already suggested, this is really not at all my area of experience – and hopefully other people come along with better advice – but once again, if we don't get all of the information and all of the explanations, then we end up wasting a lot of time and not helping you.

This has been going on for 24 hours now and we've only just now started to understand what might be the real situation

[dx100uk]

sorry I should of explained earlier..

 

Ftgab19 never asks direct questions ever...

it always a teeth pulling exercise to workout what they actually require help with.....

[Ftgab19]

I’m not bothered about keeping her name on the tenancy anymore. If I could it would be nice but if not I can sort the rent payment. 
 

I just need help writing up an email explaining that because we won’t get to the bottom of the old letting agent issue before the deadline on the holding deposit. Can we just put it in my name only or use my mum n dad as a guarantor or even both if necessary. 
 

and I never agreed at any point with the new letting agent that it should only be in my name. I used of mis spoke before due to trying to sort this ASAP. They only ever said to me that since your partner is on Benefits her income won’t be taken and you’ll have full rent share to pay.

 

The only thing my partner can come up with is this has happened before with other tenants in the building she rented. They paid any arrears then get told months down the line it’s not. It’s why I got my partner out of there why we looked for w house. My partner was only ever told verbally that the rent increased.
 

No new rent agreement was ever made or any letters or correspondence saying the rent has increased. 
 

[Ftgab19]

But like you said the old letting agent doesn’t matter anymore. All I want is to get the property. So since I now don’t want to keep my partners name on the tenancy can my partner email the following to the letting agent? 

 

I’m sorry it’s took so long to get back to you we’ve just been trying to get to the bottom of what’s happened with the old letting agent. I’ve looked at all my paperwork and can’t understand how they think I owe them anything. 

 

My partner and I have looked at the deposit agreement we signed and we can see we’re very close to the deadline for signing an agreement and needing a decision from the landlord.

 

Since my rent payment share would of been 0% and my partners 100% can we take my name off the application and have my partner as the only named tenant with that’s happened? I’ll just be an appointed tenant and have my partner be liable for the full rent. 

 

Because we won’t be able to sort out what’s happened with the letting agent in time for the deadline and we really need to start booking a moving van and be moved in before our new baby arrives. 

 

If this isn’t possible we could always use my partners mum n dad as a guarantor to put everyone at ease if necessary. 

 

 

Edited May 13, 2020 by Ftgab19

[Ftgab19]

Hell I’ll empty my saving and pay 6 months up front if I have to I just need this house and I need it ASAP. Before this baby arrives and makes everything 10x worse