Set off against last month's rent
Tenancy Deposits

anglolat
anglolat
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4 Posts
13 years ago
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Why does the RLA call it 2 months rent in advance? Most tenants understand it better if you call it one month in advance and the last month's rent. Does this still get round the need to put the money in a deposit scheme? Can you set off against the last months rent late and insufficient payment fees and also anything else due under the tenancy agreement?

In my docs I say:

"NOTE: Your Last Month’s Rent does not constitute a deposit under the Tenancy Deposit Scheme. We do not take deposits. Instead, we take one months rent in advance when you sign your tenancy agreement and before you move into the Property and also your last months rent. The month's rent in advance covers the first period of your tenancy agreement as rent in advance for that period. The actual rental period of your tenancy agreement (whether it is calendar month, four weekly, fortnightly or weekly) is stated in your tenancy agreement as is the requirement to pay by standing order. The final month's rent which you pay at the beginning of your tenancy agreement is for the last period of your tenancy agreement. You must pay the other instalments of rent as stated in your tenancy agreement. Depending on whether your tenancy is a calendar monthly, four weekly, fortnightly or weekly tenancy it will be paid a calendar month, four weeks a fortnight or one week after the start of your tenancy. Rent continues to be paid calendar monthly, four weekly, fortnightly, or monthly as provided for in your tenancy agreement. In effect, you will always be paying one period of your tenancy in advance. This will relate to all other periods of your tenancy agreement and is rent paid in advance for each successive period of your tenancy agreement. This avoids you having to pay any deposit to us. When it comes to the last period of your tenancy there will be no further payment of rent to be made (assuming that you are up to date with your rent) and we have not had to set off any amounts owed to us for late or insufficient payment. Note that where we have had to set off amounts for late or insufficient payment or any other amounts you owe us under your tenancy agreement, this has the effect of reducing the number of days your last months rent covers.

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