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NEW TEnant concerns

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Comments

  • theartfullodger
    theartfullodger Posts: 15,928 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    6 weeks advance rent eh?

    If teanancy agreement says rent is payable monthly (or 4-weekly) then you DO have a deposit.

    Doesn't matter what the paperwork says about it being "advance rent"

    Was it protected within 30 days of you receiving it?

    S21 will be invalid if you ain't complied with deposit regs.

    Cheers!
  • Guest101
    Guest101 Posts: 15,764 Forumite
    The s.21 probably is valid, as the op took no deposit
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Guest101 wrote: »
    The s.21 probably is valid, as the op took no deposit
    a) the advance rent could well constitute a deposit.

    b) if the S21 was issuedbefore or at same time as tenancy was created, it is invalid. Agents frequently do all the 'paperwork' at once!
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Artful has a point; the courts are wise to landlords who truly to avoid deposit regs by asking for 'advance rent' payments. Depends on the precise form of the advance payment. I can't tell from what the OP has said if he has put himself in this trap or not.
  • Mr_Pitiful
    Mr_Pitiful Posts: 139 Forumite
    If the six weeks in advance has been used to cover the first 6 weeks of rent, I don't see it being an issue. It would be no different to a landlord asking for 6 months rent in advance, which the court of appeal don't have an issue with.

    If it hasn't been used to cover the rental liability it's likely to be a deposit by another name and would need to be protected.
  • Turnbull2000
    Turnbull2000 Posts: 1,807 Forumite
    If you're dickish enough to issue an S.21 at the start of tenancy, don't expect sympathy if your tenants do misbehave.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Guest101
    Guest101 Posts: 15,764 Forumite
    G_M wrote: »
    a) the advance rent could well constitute a deposit.

    b) if the S21 was issuedbefore or at same time as tenancy was created, it is invalid. Agents frequently do all the 'paperwork' at once!

    I thought it was only invalid when issued at the start if the deposit was not protected at that point? Sorry must have been mistaken.
  • simpywimpy
    simpywimpy Posts: 2,386 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The S21 was done and dated the day after the tenancy agreement was started.
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    Guest101 wrote: »
    I thought it was only invalid when issued at the start if the deposit was not protected at that point? Sorry must have been mistaken.


    There is an argument that an S21 cannot be valid if issued on the same date as the tenancy started (regardless of deposit protection).

    If the tenancy starts on the same day, there is no proof that the tenancy actually began BEFORE the S21 was issued. Tenancy would then over-ride the S21, making it invalid.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Werdnal wrote: »
    There is an argument that an S21 cannot be valid if issued on the same date as the tenancy started (regardless of deposit protection).

    If the tenancy starts on the same day, there is no proof that the tenancy actually began BEFORE the S21 was issued. Tenancy would then over-ride the S21, making it invalid.

    God to know, thanks! :) learnt something new
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