Tenants fee act?

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    Tenants fee act?

    With the new tenants fee act can I still charge new tenants the first months rent in addition to the security deposit before the contract start date/them moving in at a later date. I will not be charging a holding deposit.

    #2
    As long as it’s rent, you’re fine.

    So probably the issue is, how far in advance are you talking and might the rent be returned if the tenancy doesn’t go ahead?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Originally posted by jpkeates View Post
      As long as it’s rent, you’re fine.

      So probably the issue is, how far in advance are you talking and might the rent be returned if the tenancy doesn’t go ahead?
      They move in beginning of next month & very unlikely tenancy not going ahead.

      Comment


        #4
        Rent now would feel a little too early for me.
        I'd want cleared funds before handing over the keys, but wouldn't expect that for a couple of weeks yet.

        But, as long as it's rent and it's not returnable, it should be OK.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          I havent heard of a case, but I would have thought that there is a danger that at some point a Court is going to rule that rent taken very early is actually a holding deposit that doesn't comply with sched 2 of the TFA.

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            #6
            So how then can tenants who must make sure that they will have a tenancy on a certain date (for their whole family) make sure that they will have a tenancy on that date .... if they are not ALLOWED to pay rent. Because until they pay that rent, and the contract is signed and agreed they can never be sure ... and this might mean that they are in deep trouble

            ... courtesy of the government.

            Pity the poor tenants.

            Obviously no sensible landlord is going to accept rent and sign a contract, if they know that they might have to return the rent and revoke the contract. The point of doing so goes only one way.

            I generally sign tenancy agreements months in advance for tenants arriving with their whole family from 10,000 miles away. In future should I just let them know 10 minutes before they arrive with 20 suitcases at 3am? Or not offer a tenancy at all to people who want to start more than a day in the future?

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              #7
              My view is that its not good practice to sign a TA that far in advance as anything can happen in the interim that puts one of you in breach of contract. This is what a holding deposit is for and although its been messed about with by the TFA, there is still nothing stopping a landlord taking one to secure the property and making sure the Holding Deposit Agreement over-rides the 15 day limit by mutual agreement.

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