Of contracts, verbal agreements and 2 months advance rent

Tenant Discussion
1

Hi OR Community,

Was hoping to get some advice:

I am one month into a 12 month rental agreement as a lodger renting a space in someones home.

I have just moved to the UK about 2 weeks before signing the agreement. I am an honest person, never missed a mortgage nor rent payment in my life. Also easy going and trusting

I feel like the landlord is now taking advantage.

A few days after viewing, we agreed to sign a 12 month agreement. 5 weeks deposit and 1 months rent in advance. I was also to undertake a credit/reference check through this site.

But before the results came back, the contract was forwarded to me and I was told to sign in a very short amount of time (overnight on a Saturday by 12 pm Sunday), was also told to pay a 5 weeks deposit and first months advance.

I stated to the landlord that i didn’t think I would pass checks as I’ve been living abroad for a very long time. Landlord said fine, should I fail , I would pay 2 months in advance . I failed and she requested another month in advance. Which i paid by the prescribed time , as with contract, deposit and first months rent.

Fast forward to this month and I get a short email telling me my rent is due. I replied that my next payment should be at the end of October as I have paid 2 months in advance. And things have gone South from there.

Landlord is saying, no 2 months in advance means i pay every month 2 months in advance. Contract says month in advance. She is saying verbal agreement supercedes (conducted after contract) the contract. I am now entering my 2nd month and already paid 3 months rent.

When I tried to discuss it with her, she got very loud, demeaning, forcefull and angry. She threatened to turf me out if I didn’t pay the rent and I had a deadline to pay. I paid.

Now this evening i get another email, first stating that clearly i don’t know what 2 months in advance means, giving me a hand drawn payment plan, then pointing out all the rules i have broken since moving and removing my use (contract stated) of a bike shed for leaving windows open in my week of tenancy.

She’s painting me as a bad guy because I’m not holding up a verbal agreement but she hasn’t done what she has verbally promised. For instance, she hasn’t provided a move in the inventory report as requested (taken my own photos), she promised to replace blinds in my room and hasn’t. I have an obligation to look after the front garden, have asked for tools and havent recieved.

I feel I have held up my side by signing on time, paying dep and rent on time. And I feel she has a slippery tongue and quite frankly trying to get me to move out and forfeit all the money paid.

Also noticed that the contract weighs heavily in her favour.

I just know she is going to screw me on the way out.

Don’t know what to do?

2

Assuming that your landlord lives in the same property and shares communal space with you, then you are a licensee rather than a tenant, regardless of the type of contract that you signed, and I’m sorry to say, you have very few rights.

It is likely that the additional months rent that the landlord has taken would be regarded by a court of law as a deposit, as it is clearly not being used for rent. The tenancy deposit legislation in the Housing Act 2004, including the provisions for claiming a penalty against the landlord, don’t apply to licensees. However, the deposit cap of 5 weeks rent legislated through the Tenant Fees Act 2019 does apply. This means that its possible that a court could find the landlord has broken the law.

Whether its advisable to do anything about it is something only you can decide. There is always a risk that the landlord will evict you, which I’m afraid they can do without a court order. If you are unhappy at the property then it may be better to look for somewhere else and give notice to the current landlord in line with the contract you signed.

3

Hi, thank you very much for the answer.

A couple questions:

  1. What does evict mean?I Can she kick me out over night. Out signed contract says i pay rent 1 month in advance. Does she have give me a months notice for eviction or is it shorter.
    2, If evicted do i lose 5 weeks deposit and now the extra month in advance?
  2. What exactly does 2 months in advance mean? This is still melting my brain. My argument means (if starting Jan 1, it means ive paid for Jan and Feb, with next payment due on 1 March. all her communications just state “you must pay 2 months in advance.” and don’t mean what i think it means.
  3. She has punitively punished me for leaving windows open in my first few days there by removing access to a bike shed which is stated i can use in contract?) - this demonstrates what I’m dealing with. Is this even legal?

She does have a break clause where she can terminate agreement in first two months, which she doesn’t appear to want to use, as it would be hassle to find a new tenant. This is why I’m not totally against an eviction. She clearly dislikes me and is a bit of tyrant.

It has dawned on me i have very little rights here. This has all happened after 1 months of tenancy, how i will finish out 11 more, I don’t know.

4

In response to your questions:

  • your contract should state the notice period and the landlord is commited to this. If it doesnt mention it, then the default is that it should be equal to the rent payment period. There is a provision for the landlord to evict immediately if they feel unsafe in their own home.
  • you should not lose any deposit unless the landlord can justify the deduction. The circumstances under which this can happen should be in the agreement. Any rent paid in advance that is unused due to eviction must be refunded.
  • Its possible that the 2 months in advance means first and last months rent as this was a common practice some years ago. However, if the landlord hasnt spelled it out, then who knows. Its likely a fudge.
  • if the contract states you can use the bike shed then she is in breach by denying you access.
  • if you dont have a parallel break clause to hers, then its probably an unfair contract term and may be unenforceable.

The above is what should happen, but if it doesnt, your only real recourse is to sue her in court.

In your shoes I’d keep my head down for the rest of the year and then find somewhere else.

5

This topic was automatically closed 90 days after the last reply. New replies are no longer allowed.