2 months rent in advance 1 month on told I owe rent!

Viberduo

This is in Scotland but interesting to get views.

Moved to a property 3rd June(well got keys didnt move in to 10th) spoke to LL before I moved in by email as its a agency on Gumtree(and has own offices in town) confirmed it was 2 months in advance and no deposit, viewed flat and told 2 months rent plus deposit so contacted by email to be told its just 2 months in advance.

Paid all up got keys and got a call today saying I am in arrears and when I mentioned the 2 months in advance was told I was always 1 month in credit and when I move out I just dont owe the last months rent.

If I pay the months rent today I will have like £50 to last me 2 weeks for food, electric, council tax, travel, phone bill etc.

Just wonder if anyone else had any insight.

HappyMJ

Landlords having a laugh. They are trying to get around not paying into the deposit scheme.

Pay the rent on or before the first day of the rental period and you will always be on time. You cannot be evicted during your fixed term as you will never be in arrears.

You would probably find the landlord doesn't like this and try to terminate the tenancy at the end of the fixed term.

I say it's not worth staying with a landlord trying to get around the rules so move to another property at the end of the fixed term.

agrinnall

Are both the landlord and the property registered with the local authority?

https://www.landlordregistrationscotland.gov.uk/Pages/Process.aspx?Command=ShowHomePage

princeofpounds

Look at the wording of your contract closely. It should define what is meant by two months in advance.

You are running into a common misunderstanding. The LL seems to think that rent should be paid 2 months before the rental period it is used for, every time, so you always remain 2 months in credit.

You are thinking that you merely need to pay in advance, and that you will use up the 'credit' you have already paid at the beginning.

The LL is probably, but not necessarily, correct given their agent drafted the contract.

However, Landlords who collect more than one month in advance need to be careful, because the courts often treat it as a deposit (as many landlords tried this trick to evade deposit protection regulations). What seems to be key is what happens with the requirement to continue paying in advance at the end of the term (although not all scenarios have been tested in court)

http://www.coffinmew.co.uk/news.asp?info=TDS

Unfortunately, this is English law, I don't know the Scottish rules on such things.

Viberduo

agrinnall wrote: »

Are both the landlord and the property registered with the local authority?

https://www.landlordregistrationscotland.gov.uk/Pages/Process.aspx?Command=ShowHomePage

I do not know if I did that right as I put in address and it just shows the address and nothing else.

The LL did say they are happy to take on people on benefits so I assume they are registered and advert had LL registration number

Pixie5740

Try searching with the LL registration number to see if any details come up.

If in doubt about what you owe (or not) ask the landlord to provide you with a rent statement.

Viberduo

I put in number I found on a gumtree advert they had it it says invalid but I dont think they would risk taking on benefit tenants if they were not registered and they have their own offices in town and do building work etc so its not 1 person its a company though the company has 2 names 1 for rentals one for building.

gfplux

If you pay one months rent in advance it works like this:-
Pay one months rent June 1st live in it during June. On July 1st you pay next months rent. When you move out you will pay a months rent on the 1st of the month and move out at the end of the month
If you pay two months rent in Advance it should work like this:-
Pay two months rent June 1st then next months rent due August 1st. When you leave it is just the same as the one month in advance.
However the law should/might not allow an upfront payment not to be used as a deposit that has then to be protected by a Government scheme.
Sound like a shady owner to me.

Pixie5740

Viberduo wrote: »

I put in number I found on a gumtree advert they had it it says invalid but I dont think they would risk taking on benefit tenants if they were not registered and they have their own offices in town and do building work etc so its not 1 person its a company though the company has 2 names 1 for rentals one for building.

It might just be that the council haven't updated the Scottish landlord register yet. If you want to find out you could always give the council a call.

G_M

read your contract! It may say (words to the effect of):

"Rent is £300 per month, payable two months in advance on the 3rd of each month."

If your 12 month tenancy starts on 3rd June 2014, you pay

* £600 on 3rd June (covering you till 2nd August)
* £300 on 3rd July (covering you till 2nd Sept)
* £300 on 3rd Aug (covering you till 2nd Oct)

Your final payment will be on 3rd April 2015 (covering you till 2nd June 2015)

The fact that you did not move in till 10th June is down to your choice, and irrelevant.

Viberduo

G_M wrote: »

read your contract! It may say (words to the effect of):

"Rent is £300 per month, payable two months in advance on the 3rd of each month."

If your 12 month tenancy starts on 3rd June 2014, you pay

* £600 on 3rd June (covering you till 2nd August)
* £300 on 3rd July (covering you till 2nd Sept)
* £300 on 3rd Aug (covering you till 2nd Oct)

Your final payment will be on 3rd April 2015 (covering you till 2nd June 2015)

The fact that you did not move in till 10th June is down to your choice, and irrelevant.

Thanks, but no need to add that part about being relevant as I never said anything about it meaning rent would be different it was just to say date I moved stuff in.