Rent in advance demand question?

martin1981

Thanks for the reply, I don't want to post the entire agreement in detail (because it would be very long and has everybody's details on), but it definitely implies what I said before, i.e that payments of monthly rent would commence on 21/11/2010 and continue to the end of the tenancy (which is clearly defined as being July 2010 to July 2011 in the previous clause). Thus implying 14 months payment of rent. These are the only two clauses in the entire agreement relating to rent payment/dates. It is obviously wrong, as is the statement they just sent me, in that it implies a double payment for that 2 month period.

Thanks for pointing out the dates are wrong in the rent statement too, I didn't notice the full implications of that at first. Of course if I'm meant to pay 2 months in advance the dates should have been as you described, even if the demand is made earlier.

I can't see how they can follow through with the demand now? Should I ask what the repercussions would be if I decide to make the payments as I was expecting, starting in January? I think what I will do is write to them today explaining what the problems are with the paperwork, i.e. the agreement which implies a 14 month payment of rent, and the rent statement which implies a double payment for the same 2 month period (effectively the same thing). Also making it clear that none of it was described verbally to me at the time of signing the contract?

I could just pay these "arrears" they talking about, but I don't see why I should, given that they can't seem to get any of the paperwork right, and I can't see why I should have to pay 2 months in advance having already paid for 6 months right at the start, and given the fact they have a large deposit as well!

sonastin wrote: »

If you were paying two months in advance, the payment just demanded would be for the period 21/1/11 to 20/2/11 and the payment due in December would be for the period 21/2/11 to 20/3/11.

Without the exact wording of the contract, we can't tell a) if you are supposed to be paying 2 months in advance and b) if those clauses are enforcable as part of the tenancy. Regardless of that, one way or another your rent statement is wrong. They can't require the period 21/11/10 to 20/1/11 to be paid for twice. I suggest you point this out to them and copy it to the landlord. If he is as reasonable as you say he might just sort this out for you.

martin1981

Thanks for the extra replies as well!

The only thing that worries me is that if I don't pay what they have demanded, maybe it would be difficult to get the deposit back at the end of the tenancy... Or the fact I haven't paid what they demanded could lead to some kind of dispute about the deposit later on? But I guess now I know the paperwork is definitely wrong, and the demand is both confused and unreasonable, this should not affect me.

Thanks for all the advice, I will contact them today and explain the problems, also forward to the landlord and try to speak to him about it this week. Thanks again!

clutton_2

anyone with half a brain can see they are "confused" about what arrears means.... Any deposit arbirtation officer would laugh this straight out the door if they claimed you owed rent from the deposit when you left.......

G_M

martin1981 wrote: »

Thanks for all the advice, I will contact them today and explain the problems, also forward to the landlord and try to speak to him about it this week. Thanks again!

As previously advised, sort this out WITH THE LANDLORD. Write to him/her with copies of everything.

Geenie

I would advise you OP to go and see a solicitor. I am confused by your contract. I have had tenants paying up 6 months in advance, but that was of their asking not mine due to finances and other things. Following the 6 months, one paid another 6 months because this is what they wanted to do, and the other went on to monthly payment as is normal with a rolling AST. I don't understand yours, but I must admit that LA's seem to come up with constant surprises!

I truly think you need to get legal advice on your AST, as any cost could pay for what you are being demanded of by these scoundrels.

Hopefully you can kick these Letting Agents into touch, but it also flags up the importance of reading a contract before signing. I have been quite shocked at times by people coming to view my places just caught up in the decor, position etc, and not taking on board what they are agreeing to.

Good luck OP and keep us informed.

DVardysShadow

Geenie wrote: »

I would advise you OP to go and see a solicitor. I am confused by your contract. I have had tenants paying up 6 months in advance, but that was of their asking not mine due to finances and other things. Following the 6 months, one paid another 6 months because this is what they wanted to do, and the other went on to monthly payment as is normal with a rolling AST. I don't understand yours, but I must admit that LA's seem to come up with constant surprises!

I truly think you need to get legal advice on your AST, as any cost could pay for what you are being demanded of by these scoundrels.

Hopefully you can kick these Letting Agents into touch, but it also flags up the importance of reading a contract before signing. I have been quite shocked at times by people coming to view my places just caught up in the decor, position etc, and not taking on board what they are agreeing to.

Good luck OP and keep us informed.

A solicitor is completely OTT for this situation. Clutton was spot on in suggesting a rent statement. This tells the story. The tenant might be late with payment against the contract, but the fact of the matter is that the tenant is not in arrears until a rent period is entered which has not been paid for.

They show very clearly that back in July that the deposit (around £2000, or 1.5 months rent) was demanded and paid. It also shows rent paid for the first month (21/07/2010 - 20/08/2010), and then rent paid for the following 5 months (21/08/2010 - 20/01/2010). ... It shows that payments of the monthly rent are due on 21/11/2010 (the "late" one which they called me about last week) and 21/12/2010. For these periods respectively it shows "Rent due for period 21/11/2010 - 20/12/2010" and "Rent due for period 21/12/2010 - 20/01/2011". .... It seems the statement shows a demand for the same period, twice!

the advice to sort it out with the landlord is the best way forward at this point. Clearly the agent does not know its backside from its elbow - it is not worth spending good money on solicitors for this.

Gwhiz

Deal directly with the LL and this could be sorted in minutes.

[Deleted User]

Hi, I've got a question (not as complicated issue as Martin's).
I'm moving to a new flat and the new landlord is asking me to pay 1 month deposit + 1 month rent in advance.
That would be 2 month deposit than, wouldn't it? If he is only protecting the deposit via a scheme, will I be able to claim the 1 month in advance somehow?

Thanks in advance!

G_M

szokeagi wrote: »

Hi, I've got a question (not as complicated issue as Martin's).
I'm moving to a new flat and the new landlord is asking me to pay 1 month deposit + 1 month rent in advance.
That would be 2 month deposit than, wouldn't it? If he is only protecting the deposit via a scheme, will I be able to claim the 1 month in advance somehow?

Thanks in advance!

Sorry this question beggers belief.

the new landlord is asking me to pay 1 month deposit + 1 month rent in advance.

So:
1) deposit is paid in advance of/at start of the tenancy and is equal in value to one month's rent.
2) rent is payable monthly in advance

will I be able to claim the 1 month in advance somehow?

Errr... at the end of the tenancy you'll pay your final month's rent, in advance, a month before you leave. A month later, you'll leave, owing no rent!

BitterAndTwisted

All rents are payable in advance so it's perfectly acceptable at the start of a tenancy for the landlord to ask you to make the payment you have described. Have you never rented before?