Check out the new websites that we will be moving to soon - [England](https://england.landlordsguild.com) or [Wales](https://wales.landlordsguild.com)
Check out the new websites that we will be moving to soon - [England](https://england.landlordsguild.com) or [Wales](https://wales.landlordsguild.com)
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Question

Tenancy Agreements (England)

Taking 6 months rent in advance – pitfalls?

24 Aug 2016 | 4 comments

The tenant wants a 12 month fixed term and wants to pay 6 months rent in advance now and another 6 months rent half way through the fixed term. Can I do this without inadvertently creating a 6 month periodic tenancy and if so can you clarify the wording I should use? Thanks in advance.

Answer

4 Comments

  1. guildy

    You are right to be concerned because that is something that can inadvertently be created. Also, the rent in advance could be deemed as a deposit if not done properly.

    We do have a 6 months rent in advance replacement front page for our tenancy builder. However, because there are two payments being specified, I think the student replacement front page might be better. The reason is that the student one is split into 3 term payments (but you could edit to only 2) as its basically the same thing.

    Have a look at both and see what you think but if you’re not sure of anything, come back to us.

  2. JungleProperty

    Similar question: the landlord wants to take 6 months rent in advance (covering the 6 month Fixed Term of the Tenancy) AND during the Fixed Term of the Tenancy (and any periodic tenancy thereafter) wants to take a monthly rent payment. Your thoughts please?

    • guildy

      Our replacement front pages as linked above will cover this precise situation.

  3. JungleProperty

    Thank you VM – much appreciated

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