Implicit threats of eviction from managing letting agency

[Guest]

Hello good People, I really hope that someone can help me out. I am writing on behalf of my neighbour. She is facing quite a weird situation, and I am not sure what her legal rights are at present. We are based in the UK.She has been implicitly threatened with eviction by her letting agency “if you fail to do this or that the landlord might not be happy and can terminate the contract”.

The situation is as follows: she is in a joint tenancy with her friend. Before they rented the property both of them were subjected to the reference check. Since their earnings were not enough at the time, they paid 6 months rent in advance. Since then the other tenant got a job and is perfectly capable of paying the rent and the neighbour in question pays her portion of the rent, however her salary is not equal to 2.5 times her portion of a monthly rent. They are in a 1 year contract which states that they should be paying on a monthly basis. The contract runs out in 6 months. After the initial 6 months have passed for some reason the agency decided to run the check with a vetting agency again. One neighbour passed but the one in question is still not earning 2.5times of her portion of the monthly rent. On the basis of that the agency firstly demanded that she pays the remaining rent for the next 6 months in advance. After informing them that she cannot do it they asked her for proof of her personal savings (which I do not think any agency can ask you to do). She does have enough, but those are all her savings and she cannot just use them like that. Also when the whole situation is unexpected. Later the agency said, ok - you will have to get a guarantor. She tried but she failed with one of her friends. I could potentially do it, however I moved in here 2 months ago and do not know this person very well, therefore I would prefer to avoid it. She repeatedly asked the agency for contact details to the landlord, given how the agency is acting and how they also acted with us (we share the same agency) we think that the landlord is unaware of the situation. They ignored at first and then refused saying that they are the managing agency and the landlord has nothing to do with the checks, the guarantor or the advance payment.


What are her current options? Is it legal to all of a sudden turn to a tenant in a 1 year contract and tell them to pay another 6 months of rent in advance?

[lawboy65]

There is no requirement for her to pay a further 6 months in advance.* Providing she and the joint tenant maintain their monthly rent, they would not have failed in their obligations.* The contract of tenancy works both ways therefore, neither *the agent nor the landlord can terminate the tenancy during the contracted term unless they have grounds to do so.** For further clarification it may be worthwhile for you to contact Shelter and obtain confirmation of her legal rights..* Their contact e mail is: https://england.shelter.org.uk/.
*

[Banana-ana]

There is no requirement for her to pay a further 6 months in advance. Providing she and the joint tenant maintain their monthly rent, they would not have failed in their obligations. The contract of tenancy works both ways therefore, neither the agent nor the landlord can terminate the tenancy during the contracted term unless they have grounds to do so. For further clarification it may be worthwhile for you to contact Shelter and obtain confirmation of her legal rights.. Their contact e mail is: https://england.shelter.org.uk/.

Thank you very much for your response. This is what I thought, I am just not sure how to advise her on talking to those people anymore. I called Citizens Advice Bureau, they also referred me to Shelter, but I have not been able to get through the chat for the last 2 days. I will keep on trying or write an email.

[lawboy65]

If you can manage to attend your local Citizens Advice,* they will have a special number to contact Shelter for you.