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.



  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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