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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hi, with regards XXXXX XXXXX conversation we had last night, about

Customer Question

Hi, with regards XXXXX XXXXX conversation we had last night, about the new property i would like to move in to. You mentioned about paying the rent upfront, could explain more about how this would work and whether that would then eliminate the credit check and guarantor issue ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Its entirely a matter for the landlord as to whether this would be acceptable. Its all a question of risk.

Landlords generally don't want bad tenants. They do credit checks to reduce the risk. They seek guarantors to give them a more solvent person to sue.

If you cannot offer either a good credit rating or a sound guarantor then you have to look at other alternatives.

One way to reduce the risk is to pay in full the entire months due under an AST. The landlord is free to refuse it but its not a bad option. The only risk then being that the tenant could refuse to leave at the end but thats better than having no rental income for months.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

I would be looking to rent the property long term as in never move out, so how many months in advance would be an reasonable offer? And does this mean it would count as an larger deposit and i still have to pay each month or would that be i would be required to have to pay the rent for however many months e.g 6 months.

Expert:  Jo C. replied 2 years ago.
Well, it is a matter for the landlord as to how much he wishes to accept.

If you pay up front then you shouldn't have to pay throughout until it is exhausted
Customer: replied 2 years ago.

Ok would i still be required to pay a deposit on top of that? And the main thing he is concerned about is his insurance. But i am not sure what insurance he is talking about ?

Expert:  Jo C. replied 2 years ago.
Probably landlord indemnity insurance and this could be a problem for them. It depends on the terms of the agreement.

Obviously this is just an negotiating tool. It doesn't mean it will succeed but its your only option here.
Customer: replied 2 years ago.

ok thank you would that then wipe out any credit checks or guarantors ? sorry for all the questions i just want to be a 100% sure i know what i am talking about when i contact him to discuss this option

Expert:  Jo C. replied 2 years ago.
Its no problem.

No, it doesn't wipe out the credit checks. He can still do them and will still know that you score badly. Its just something else to offer him if he is concerned that you are too risky as a tenant.

There are similar products on the market with many other contracts - mobile phones etc. If people have bad credit ratings then people will still deal with them if they pay in advance.
Customer: replied 2 years ago.

ok thank you, he is happy to let me the property its just the credit check issue as i have already told him i wont pass it, thought it was best to be honest with him.... He is main concern is the insurance and drawing up a tenancy agreement to this affect.

Expert:  Jo C. replied 2 years ago.
He is able to accept a large amount up front.

It deals with situations such as this.

Whether he wants to or not is another matter.

But you are right about your credit rating. Its always best to be honest and it will drop off soon enough.
Customer: replied 2 years ago.

Is there any other issues that might cause a problem if i went down this route? as i am keen to secure the house?

Expert:  Jo C. replied 2 years ago.
The only problem that I can see is that if this is going to be an AST then it must be a for a specified period. If you want to take more than 6 months then you are looking at 1 year or 2 years and thats a lot of money to find up front.

Obviously the AST would have to be written to reflect the fact that the rent is paid and so not due.

Customer: replied 2 years ago.

Thank you very much, i have informed him of everything you have said and he has said, he will look into it, and says he may have another idea aswell but needs to look into it and then is going to let me know if it is possible. So looks like all is not lost. Once again thank you for all your help and advice about both situations.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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