Before we sign the TA?

Sabrina2000

We have agreed to pay six months in advance, but then they want another 6 months in 4 months???????/ then 6 monthly instalments thereafter.

this way they will always be 2 months in hand?

Has anybody heard of this before?

We have already paid 6 weeks deposit held by deposit protection.

If they wanted another 2 months deposit they should have told me earlier.

What can I do now please? If I back out I will have a hard time getting my deposit back, Im supposed to be moving in in a couple of days?

claire_mc_2

We had to do this when we first moved into our current flat, because we couldn't pass the reference check as I was newly self-employed with no accounts history.

We ended up paying 6 months up front, twice (the second payment was 2 months in advance), and then when we knew we could pass the referencing, we got that done and the LL agreed that we could change to monthly payments.

At the time that the monthly payments started, the LA was trying to get us to pay 2 months in advance but we refused as there was nothing in the TA about that. I think it just said that the rent would be due in advance on the 2nd of the month.

Does it say in the TA that the rent will always be due 2 months in advance?

Sabrina2000

It says 6 months in advance to start with then 4 months later 6 months payment again, then 6 monthly from then on. They would always have two months extra rent.

How would you get those two months back at the end of the contract?

claire_mc_2

Well I suppose if it's written into the TA that it will always be 2 months in advance...If you haven't signed the TA yet you could ask if that can be changed, but I don't know if the LA/LL would agree. It does seem ridiculous to me to always have to pay 2 months in advance.

As I understand it, at the end of the tenancy, you wouldn't have to pay rent for the last 2 months. Or if you've already paid 6 months in advance and then only stay for 4, you'd need to get the last 6 months refunded, which may or may not be difficult to do.

audigex

Either give them notice on your payment date that you'll be leaving in 2 months

Or give them whatever notice is otherwise required, and request the return of the difference. Request the difference is repaid immediately, rather than at the end of the tenancy: eg if you give 1 month's notice immediately after payment, then then request the return of 7 months worth of rent immediately. They can keep a month to cover your notice period, of course.

Sabrina2000

Thanks all, I have asked if they will change the TA before I sign.

If not then I will consider other options.

jjlandlord

If you proceed you may have to pay and you may not be entitled to any refund: It all depends on exactly what the tenancy agreement says.

G_M

Sounds a bit like a 6 month Contractual Periodic Tenancy since

* it specifies what happens at the end of the 1st 6 months and
* payment is 6 monthly

rexmedorum

G_M wrote: »

Sounds a bit like a 6 month Contractual Periodic Tenancy since

* it specifies what happens at the end of the 1st 6 months and
* payment is 6 monthly

Yes but that really messes with the notice periods set out in law though doesn't it?


Normally that should be 2 months from LL and 1 from you I think (that's of course after the initial 6 months)

Sabrina2000

I would just like it clear in the TA how I get that 2 months extra back.

When the period ends if they do not want to renew it could be a big fight to get that extra two months back.

If they agreed after a year or something to let me catch up and then just pay normally then I would be happy.

Sabrina2000

I asked the agent and they said "To clarify, please transfer 6 months payment in advance, and the remainder of the 6 months on the 6th month."

I do not understand at all. Could anybody explain please?

Anyway it sounds better than before, I have asked for the changes to be made to the TA before I sign.