Paying Rent In Advance To Entice The Landlord

I’m sure you’ll all remember that I recently mashed together a blog post about how my friend and his girlfriend was struggling to find somewhere to rent, partially because of landlords and letting agents being unable to stick to their appointments. It was an emotional piece, which pulled on many heartstrings. The fabulous news is, they managed to find somewhere to live. Congratulations to my friend’s parents- they no longer have to feel embarrassed about housing their 28yr old son and partner.

While everything is fine and dandy now, I just want to quickly recap on a piece of advise I gave them regarding advanced rent payments, because who knows, maybe it will give someone else something to think twice about.

In the midst of their search, they were getting quite desperate to find somewhere to live. They had been looking for a while, and they urgently needed their own space- most likely to enhance their sex-life and in-hand, save their relationship. Having sex continuously in the same bedroom with the risk of their parents being able to hear through the hollow walls can become very stale, very quickly. With that kind of set-up, I’m actually surprised my friend managed to keep his girlfriend for so long. I mean, he’s not particularly rich, and he doesn’t look like he has a huge penis (you can usually tell). Weird.

The particular area they were looking to rent in is highly sought after, so vacant properties were receiving dozens of enquiries and being taken off the market swiftly. One of their tactics to entice landlords and favour them over other applicants was to offer 6 months rent up front. Common practise; many tenants do it, and landlords generally love it. However, I have my reservations about tenants offering advanced months rent up front. Here’s something to chew on and mull over…

Why tenants should think twice before offering advanced rent

Whilst offering rent upfront may initially seem a great way of securing a tenancy, it can cause problems in the future. For example, what happens if the landlord ends up being rogue, and doesn’t make necessary repairs, 2 months down the line? You’re essentially stuck in a property because you’ve paid so far in advance, which you don’t necessarily want to be in. The landlord at this point will literally hold all the chips. Not a nice position to be in. I can guarantee you will resent having paid so much rent in advance to a douche-bag.

While you maybe able to go down the legal route and reclaim your money if the landlord fails to meet his or her legal obligations, it will most likely take a lot of time and effort. It may not even be worth the hassle.

If you’re adamant on paying rent in advance, try to ensure you’re handing your money over to a good landlord. You could also think carefully about how much rent you want to pay upfront; 6 months is quite a lot, even lowering it to 3 months may be easier to swallow if things go tits-up.

Why Landlords should think twice before accepting advanced rent

I was going to initially base this blog post about the dangers of tenants paying rent in advance, but believe it or not, landlords also need to be careful when accepting rent in advance, so I may as well briefly touch on the subject.

Firstly, while it may seem appealing and an ideal situation for a landlord to receive a large sum up front, it’s not unheard of it to be an elaborate ploy to disguise sinister activities. Common ploys:

  • The tenant doesn’t want to be disturbed and wants the landlord to stay away from the property because they’re partaking in illegal activity in the property e.g. growing drugs
  • The tenants have AWFUL rental history, so the offering of large some of cash is a diversion

Secondly, in the eyes of the law, the advance rent could get classed as a “deposit”, in which case the money would need to be secured into a tenancy deposit scheme. So if six months deposit was paid up front, then five months of it is a deposit and should be protected. And if it isn’t, the tenant could take legal action and claim compensation. This is something I’ve just discovered, but you can read more about the details over at the landlord law blog.

Update (28th Sepember, 2012): Here’s a more up-to-date blog post regarding Deposit Vs Advanced rent. The message is, if you do accept rent in advance, it is advised to clearly state in the tenancy agreement that it is an advance in rent and not a deposit. Although, I’m still not 100% sure what the legislation is. It needs to be clearer. Regardless, it’s still something to be careful of.

Ok, folks, that’s it for this episode. Tune in next time for more fun and frolics! x

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22 Comments- Join The Conversation...

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Newman 27th September, 2012 @ 15:07

Surely a deposit is whatever is documented as a deposit in the contract?

Can they really claim that everything but the first month was deposit if you have written agreement that they are paying rent in advance? It's not like they are getting it back at the end.

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The Landlord Avatar
The Landlord 27th September, 2012 @ 15:39

You'd think so! But as explained in the link I provided to the landlord law blog, there have been several cases where advance payments have been found to be deposits!

It still sounds like a bit of a uncertain area, but it's something Landlords should be aware of.

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TurnKey Landlords 28th September, 2012 @ 08:50

Interesting - I'd never have realised that advanced rent is seen (in the eyes of the law) as a deposit... That seems a bit crazy to me. I think students try and pay up-front a lot of the time (or their parents do) - would this still apply to them (I assume it does...) that may change things for a lot of landlords! Thanks for highlighting it :)

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Benji 28th September, 2012 @ 15:43

A more up to date article from the same source-

http://www.landlordlawblog.co.uk/2012/08/28/when-is-rent-deemed-to-be-a-deposit-update-on-johnson-v-old/

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The Landlord Avatar
The Landlord 28th September, 2012 @ 16:49

Ahh I never saw that update, cheers. Although, I'm still not sure what the legislation is; still seems a bit wishy-washy. But the final comment from Tessa was:

"I think the answer is to make it clearer in the tenancy agreement that it is rent in advance and not a deposit. In the Johnson v. Old case it was unclear."

So if a landlord does take rent in advance, they should clearly stipulate it in the tenancy agreement.

In the past I've had a tenant pay 12 months in advance, and I never stipulated that in the tenancy agreement. Ouch!

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Helen Fisher 2nd October, 2012 @ 15:17

Another danger with paying 6 months in advance is what happens if the landlord doesn't pay the mortgage and the property is repossed?
Agents are legally obliged to pay the landlord up front if they receive the rent in advance. So the landlord has all the money and the tenant is evicted.

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Benji 2nd October, 2012 @ 17:29

Hello Helen,
It's an interesting point.

If the landlord has a Buy To Let mortgage or permission to let, then the lender must honour the terms of the agreement. A tenant should certainly check before handing over 6 months rent.

If the landlord is letting the property without permission then a tenant still has a right to at least 2 months further stay at the property. Lenders are legally obliged to write to the occupants about repossessions, which is why tenants should always open letters addressed to the occupier and not automatically assume it is junk mail.

If an agent is involved, I would think a tenant may have some recourse against them for not checking the landlord had permission to let. However, as letting agents are unregulated and any cowboy can set themself up as one, this might prove difficult to pursue.

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glennw1 15th October, 2012 @ 12:18

Something else to consider about receiveing rent in advance is to make sure this doesn't affect what constitutes a "period". If it is 6 months in advance and the tenancy has gone periodic is the period 6 months or 1 month?
The tenancy should clearly state that when the fixed term ends it becomes MONTHLY periodic or else a section 21 might need to be given 6 months in advance! This is because section 21s must give 2 months notice and 1 period. So if the period is 6 months - you are looking at 6 months notice!!!
This also links in with the need to be clear (as mentioned above) that it is rent not a deposit - as if the depsoit isn't registered you can't serve a section 21 anyway!

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ruphilyn 16th October, 2012 @ 14:44

Somehow it can do good paying in advance if you landlord is credible but the in the other hand it can also be bad for you because what if the landlord doesn't pay the mortgage or the other stuff it could be a problem to you.

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Altaf 4th February, 2013 @ 12:54

Can letting agents pay six or twelve months rent in advance to entice the landlord

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LeaseTalk 16th February, 2013 @ 19:26

I believe there are unique cases where offering advanced rent is appropriate and legitimate.

I recently wrote an article on a similar situation, where the tenant was moving to a new country and wanted to secure a "perfect apartment" months before hand. To entice the Landlord, she wanted to offer up to 6 months rent in advance.... without doing a walk through.

My advice to her was to go ahead and offer the advanced rent, but only if she was certain the property satisfied basic safety and comfort criteria.

Read her story on my blog; http://www.leasetalk.net/2013/02/should-i-pay-rent-in-advance.html

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6 Months Rent! 13th May, 2013 @ 17:59

This has been requested by an estate agent of me just now. I am an architect and familiar with the principles of contract and indeed of what can go wrong with a dwelling. I, being Irish and moving to London was asked by the estate agent to agree to 6months rent in advance. I agreed to it in principle but had an issue as to how it was being handled. Firstly if something were to happen to the premesis in the first 6 months through no fault of mine resulting in me having to leave the premesis how am I to ensure I get my undue rent back. There was nothing in the contract or indeed to say that the advanced payment was taking place!!

In such circumstances in building contracts where monies need to be held in trust they are held in a joint account. Neither party can remove sums without the others consent to the bank. A joint account with a monthly direct debit to the landlords account would solve this. I requested this to but was they wouldnt have it.

My alternative was to have a clause put into the contract to cover it to some degree and also asked the agent for a copy of the landlords insurance to make sure it covered them for loss of rent in such an event as they cannot claim for loss of rent if they have been already paid rent. In other words it makes no odds to them to pay you back as they will get it from their insurer.

There should be clearer legislation on this. Indeed the practice should be limited to say 3 months or banned altogether. In ireland standard practice is that the landlord keeps the deposit if you terminate the lease and thats the end of it. Its clear and simple.

Good Blog by the way

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Monica 22nd October, 2013 @ 07:36

Hi we have a problem. We have rented a house in July and we have paid rent six month in advance.
Now the Landlord ask us if we would rent for the house from January for six month again.
The terms are: we have to paid rent six month in advance at the same price again because the agency told us we didn't have credit history and therefore will be required to pay 6 month in advance.
But we have to pay for the first 6 month and we think we have credit history, bank account, credit card.
We don't understand that and we have wrote to the agency.
The agency told us that they ask to the Landlord for the monthly payments but we need to be re-referenced for the second time.
Answer: Is legally to pay for the sec time six month ? Or to be re-referenced for the second time? What can we do?
Sorry for my English I'm improving.
Thanks for your Help

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steph 24th January, 2014 @ 15:36

can someone help me please we moved in to a house and we paid 6 month rent up front but they took £750 off us for a credit check but i dont get why because we payed the rent up front can they do that to us ?

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emma stewart 17th February, 2015 @ 19:38

hi Im having to move home again for the third time because my landlord is selling.
I have had problems with rent ie its been late and now they the esate agents wont rent me another property which I know is my fault I have never missed payments with any other landlord.
And really worried I wont be able to rent with agents again.
Can anyone offer some helpful advice.PLEASE

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Karen Knight 21st June, 2016 @ 17:16

We are about to rent a property and because of a CCJ the landlord has asked for a year's rent in advance. We can do this but how are we covered if he turns out to be a bad landlord? How is our money covered? The estate agents usually release the money monthly but he wants the lot. I'm worried.

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Lisa scarrott 10th April, 2017 @ 23:28

Would it be OK if I was to pay my landlord rent money early its supposed to be on the 23rd of every month but I don't always get paid esa on the 23rd I get paid after the 23rd on some dates and cases. I get my housing benefit on 23rd but not my ESA payment. I would rather pay him early then late but I don't know if this would cause problems. I pay him by standing order

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Kelz Kiewicz 9th June, 2017 @ 07:23

I signed a 12 month lease but paid 6 months up front and my upfront rent is still covered for another 2 weeks but my landlord is saying my rent is now overdue. How is that possible when when my 6 months isn't up yet?

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MikePem 23rd September, 2017 @ 09:43

I'm an OAP downsizing to a one bed flat. The rent is £600 pcm but (according to the letting agent) my income is under the "legal" level for them simply to accept a month and a half in advance (which they call a deposit. So they have asked for 6 months in advance which they say is the UK "legal" requirement. My question is simple. Is there (as the agent would have me believe) a government law pertaining to rent advance periods being calculated according to the incoming tenant's income? Please answer as soon as is possible - thanks.

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Benji 23rd September, 2017 @ 10:44

@ Mike,
No law or legal requirement.
But up to the landlord or his representative to choose who they want to rent to.
Industry standard is usually 2.5 times income to rent. (Personally I require >3.5 times).

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Karen fereday 31st October, 2017 @ 17:22

Hi,
My daughter and her partner have just put an application in for a house
However they have said the rent is payable on the 1st of the month and her partner does not get paid until the 15th
They will be paying a deposit and first months rent in advance as you do
But they won’t budge on the payment date and have said if they are continually late (ie 14 days ) they could find themselves evicted
Even though they will be paying every month

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Simon Pambin 1st November, 2017 @ 14:30

Well, persistent late payment of the rent could indeed constitute grounds for a Section 8 eviction. That's just the way it works, whether it's a rental or a mortgage: you pay the amount due on or before the stipulated date or you're breaching the agreement.

In this case I don't see the problem, though. If your daughter and her partner pay for the first month before they move in, and her partner gets paid on the fifteenth of the month, then why wouldn't they still have the money for the rent come the start of the second month?

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