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.
Question
Tenancy Agreements (England)
Taking 6 months rent in advance – pitfalls?
Answer
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4 Comments
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.
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?
Our replacement front pages as linked above will cover this precise situation.
Thank you VM – much appreciated