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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We are currently renting a property and when we went

Customer Question

Hi,
We are currently renting a property and when we went on holiday we sub let the flat for 5 days without asking permission from the estate agents/landlady. The contract states we should have asked for permission which is a mistake on our part.
We admitted our mistake and apologised for our mistake. We have kept the property in very good condition and payed our rent on time. Initially I payed 6 months upfront because I failed the credit check where as my flat mate pays monthly. It was agreed at the start of the contract that after 6 months they would re-do a credit check and if I pass the 40.5k threshold I can pay monthly which I am now in a position to do.
However, now estate agent are saying they will not do the credit check as the Landlady is considering terminating our contract early but at the same time I should pay for the 6 months upfront which I am not willing to do.
We would like to resolve this and ideally remain in the flat but are having a hard time with the estate agent and the landlady has still not made up her mind. This has been going on for 2 weeks.
1. What are the options to resolve and the best course of action?
2. Will this impact our references if we look for another flat?
3. If so how can we avoid this.
4. How will this affect are deposit?
thanks
Jig
Submitted: 10 months ago.
Category: Property Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
When did the contract start please?
Alex
Customer: replied 10 months ago.
Hi contract started on 24 July 2015 and is for 12 months with a 6month break clause.
Expert:  Ash replied 10 months ago.
If it's one breach and only short then in reality it would be hard to end your contract early. If they tried to they would need a court order and need to convince a judge that this breach is so bad it justifies getting you out. You are still entitled to your deposit but with a reference.
All you can do is sit it out. They can give you notice anyway to end it come July 2016 and sadly there is nothing you can do about that. But in reality they will be unable to get you out before.
Can I clairfy anything for you about this today please?
Alex
Customer: replied 10 months ago.
so can I now make monthly periodic payments as oppose to paying a 6 months in full?thanks
Expert:  Ash replied 10 months ago.
Only if your contract allows that.
Does that help?
Alex
Customer: replied 10 months ago.
No as I wish to move to a monthly periodic payment and that was agreed after the 6 months upfront
Customer: replied 10 months ago.
in the contract it has both payment types monthly and 6 months upfront
Customer: replied 10 months ago.
Hi the monthly payment will require a credit check which I will now pass and the next payment is due on Sunday, I am planning on sending a one month payment today and setting up a standing order until the land lady makes a decision on where we stand will this cause any problems? I do not wish to pay 6 months as I fear a challenge in getting my money back if landlady decides to give us notice.
Customer: replied 10 months ago.
Also what does a deposit with a reference mean? how will this affect referencing for the next flat?
Expert:  Ash replied 10 months ago.
They said they would re credit check you, they can not now refuse, it was a term implied into the contract. I don't think paying monthly will cause you problems. I don't know what deposit with a reference means, they just seem to be making it up as they go along.
Alex
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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