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Question

England | Rent Setting (England) | Start of a Tenancy (England)

Rent in Advance

27 Mar 2022 | 1 comment

Hi Guildy, I have read your previous answers and the above information regarding rent in advance and how it should be stated in the tenancy. I was just checking if you accept rent in advance should anything else be added to the AST to ensure that normal notice could be given, as I’ve got something in the back of my head that says 6 months rent in advance could be seen as needing to give 6 months notice to leave? Also, would you say asking for 6 months in advance and having an initial 6 month term, better than asking for 12 months in advance on an initial 12 month term? Many thanks in advance,

Answer

1 Comment

  1. guildy

    The key is to follow the system on the Tenancy Builder because that takes the initial six months in advance, but then crucially, the tenancy goes monthly periodic at a monthly rent.

    If the rent were six-monthly, including periodic, then six months’ notice would be required. But, as long as the rent is monthly, the usual rules apply.

    The same principle applies if it were 12 months in advance, it’s all about how it goes periodic after the advanced is used up. Out of interest, if the rent were annually (not just in advance but an annual rent throughout), the notice length would still be six months as that’s the maximum.

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