Girlfriend rent arrears

[dx100uk]

I can't see why that won't happen, should work and as you say, there is even the addition of  guarantors there one, so it's not of you wanting to pull the wool.

 

you can always get her added at a later date when the issue is resolved and can be proved to them it was false by documentary evidence.

 

dx

 

[Ftgab19]

Okay thank you xd

 

So I can send that over to the letting agent and just deal with the old agent when we need to.

[dx100uk]

i can't see them refusing myself.

just express you don't want to lose the perfect place now found

etc etc

give them options to see you are not out cause issues.

dx

 

[Ftgab19]

Sorry I’m not sure what you mean about our cause issues? 
 

I could add in the following if you think it will help. 
 

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 and 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 whats 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 old letting agent in time for the deadline and we really don’t want to lose the perfect house for us. We was hoping to be here for a long time and we really need to start booking a moving van and be moved in before our new baby arrives. 

 

We feel like this house gives us everything we need and we want to raise a family there and turn it into are home for a long time. We are happy to do everything and anything we can to put the landlord at ease with us being tenants. 

 

We are more then happy having my partners  parents as a guarantor on top of him being the only named tenant if necessary. 

[dx100uk]

 

covers all bases

 

dx

 

 

[BankFodder]

If getting your new home means that you have to pay the £1000 – then if you have the money then it would be best to pay it and if it is unjustified, we'll help you get it back. Better that than lose the home

[BazzaS]

12 hours ago, dx100uk said:

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.....

 

Stu asked “

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

 

a) did the OP answer? If not, why not?

b) what are the answers to those 3 questions raised by Stu? - since there might be a lever to use against the previous LL as a result, which might give a QUICK resolution, by negotiating with the old LL

 

Unless
i) there was no deposit, or,

ii) if there  WAS a deposit, and 

a) it was in a TDS, and

b) it was used towards any arrears already,

 

then OP’s girlfriend (& thus the OP) are in a stronger position.

(Deposit, but not in a TDS: could claim)

(In a TDS but wasn’t used towards arrears: can point this out and ask “why not used, it there was rent owing?”)

Edited May 14, 2020 by BazzaS

[Ftgab19]

BazzaS

 

my partner doesn’t know if it was protected just that she paid £200 and she was told the deposit was transferred over to Let my homes from choice rentals about half way into her tenancy.  
 

the new letting agent has emailed back this morning saying the following.

 

Im really sorry but we cannot proceed with such a large amount of arrears outstanding. Without a reasonable explanation I will have no choice but to fail the application. 

Have you spoken with your current agent? 

 

[Ftgab19]

I’ve just spoke to my partner and finally got to the bottom of what’s happened. 
 

She was up to date with the rent until the letting agent was taken over by let me homes. They increased the rent for a one room studio flat from £285 a month to £390 a month. 
 

Her benefits wouldn’t pay the full amount and when she explained this to them they said she would have to pay top up each month of £30. Making her be in arrears of £75 a month every time she paid. 
 

So this is probably where the £1000+ arrears has come from. About 6 months with the new letting agent her benefits where stopped due to a family member saying she had moved when she hadn’t. And it took about 5 months for her to get it all sorted. The £285 a month was still paid but she had to live off help from friends since she didn’t get any money to live on until it was sorted out. 
 

When she told her landlord about her benefits mix up he called her stupid and that she better still pay or she’ll be out on the street. 
 

She had a visit from the council with the letting agent and the council told the letting agent the cost of the studio flat was too much but the letting agent did nothing. 
 

I can sort of understand why she didn’t tell me with it all being so horrible but I now need to contact the old agent and get the figure since the new one isn’t going to move forward until we have. 
 

If she did pay the arrears with what’s happened could we get them back? I really don’t want to pay with what they’ve done but I can’t lose this house or probably get any house with this issue.

 

Edited May 14, 2020 by Ftgab19

[BankFodder]

So I understand that she did know about the rent increase. However the rent was increased simply because the letting agent was taken over by another agent.
This sounds rather extraordinary – especially such a steep increase of £105 per month. Are you sure of this? I think you need to be very certain of your ground and you need to see evidence of this. Presumably this increase was put in writing.

I'm afraid that I don't have any experience of landlord and tenant – but it seems extraordinary to me that if there was an existing tenancy agreement based on a certain rent figure that they should then be entitled to put it up in this way.

If I'm right and they have simply imposed an arbitrary rent increase when there was already an agreement in place then yes I would expect she could get the money back. But if it is more complicated than that, she may not be able to. I'm sorry to say that every time we ask a question, we start to unravel more of the story.

So the moment we can't promise that you will get the money back – and of course we will help you – but I think you need to have a copy of her original tenancy agreement, so that we can see the days of the tenancy, any provisions for increases, the date that the new agent took over, the amount of notice that they gave that there was going to be a rent increase.

That lot for starters.

As you have already read on this thread, this is probably not going to be quick and I'm worried that not only your new home could be at risk – but also the holding deposit you have put on it could be at risk. I think you should have a very polite word with your new agent and explain that you are having problems and what will be the situation if you are not able to resolve anything and they eventually refused to allow you to move into your new home. Will you be able to get your deposit back?

Also, this alleged outstanding figure of about £1000 is not going to go away so that even if you lose this new home, when you find another, the problem is still going to be hanging over you so at some point we need to sort it out.
I suggest that you start gathering information about the old tenancy – et cetera as I have listed above. And also have a gentle word with the new agent to see what their attitude is going to be

[Ftgab19]

That was the only reason it was increased and it wasn’t put in writing they just came round and told her at the property. 
 

I have contacted the agent asking what they what from us to do to rent the house to us. 
 

I’ve also contacted the old letting agent to get the figures and what they have to say about it. 

[BankFodder]

So you're saying that the letting agreement never change.

Please can you post up a copy of it here in scanned PDF format

[Ftgab19]

The only thing she was every given to sign was the deposit being moved over to let my homes. 
 

My partner doesn’t have a copy of the rent agreement it was from the letting agent that was took over by let my homes 

[BankFodder]

Well you are going to have to send both of the old agents an SAR to get a copy of the rental agreement. I have to say that I find it pretty extraordinary that there is no rental agreement – or at least that your partner doesn't have a copy of it.

Also, if the news of the rent increase really was delivered simply by word of mouth then I am very optimistic about managing to get you back your money – although I wish that some landlord and tenant specialists would come in here and give us some extra information.

However, it looks to me as if you will be heading into some kind of conflict with the old agent – and so frankly you have but not start counting on getting this alleged debt sorted out – because I don't think it's going to be done without some help from us and I don't think it's going to be done very quickly.

I think that your best bet is to concentrate all of your energy on building a bridge with the new agent – and also if possible reaching out directly to the new landlord and explain your position and that you are (presumably) a young couple with a baby on the way in the middle of the virus crisis and you need a home. If you are able to provide a guarantor then of course that will be a big plus – and I would get about investigating this as soon as possible. I can imagine that the patience of the new agent will run out quite soon – and then you may lose the new home and I've already indicated that it wouldn't surprise me if they take that opportunity to hang onto the deposit that you paid. It's a pretty common feature of these situations

[Ftgab19]

Hi everyone 

 

After offering over 6 months rent up front the landlord still wouldn’t have it. The rent arrears was ‘too much of a red flag’ but they will give us the deposit money back which I guess is something. 
 

We’ve applied for two other properties but only me as the named tenant In the application. Not having my partner on the tenancy so we shouldn’t have the same problems again. 
 

I still want to sort out what happened with the old letting agent but there not replying to are Facebook messages or emails. Could I please have a template for a Data SAR so I can send it to the two previous letting agents for my partners old flat. 

[BankFodder]

You simply follow the SAR link and you will find the template. Check that it says what you wanted to say and then send it off. Send it off by email and confirm by post.

Don't publish the SAR on this thread because we like to keep these templates reserved for registered users

And I'm going to add that you've been here since 2014, and you should know by now the way these links work

[ericsbrother]

Simplest thing is not to put her on the tenancy but can you pass the affordability test?