Bad Landlord wants £3000 deposit AND year's advance rent

  • Filter
  • Time
  • Show
Clear All
new posts

    Bad Landlord wants £3000 deposit AND year's advance rent

    I've been a landlord for many years, and today I came across an issue for a friend which sounds wrong.

    Friend a young single female saw a flat, was asked to sign the contract on the spot to secure the flat. Paid a deposit 6 weeks rent. has a guarantor (one of my tennants) pay some monies- was also asked to get a reference from her previous landlord, which is OK. Problem hits now, as the previous landlord has packed in everything and can't be found.

    The landlord of this new flat has now said that she has to pay a whole years rent up front (£14000), and if she backs out she will lose the £3000 she has already paid.

    Estate agent says landlord is right...but sounds wrong to me!

    Any comments.

    I thought the TDS would protect the deposit, and also seems that he may not have shown her an energy certificate.

    If the lease does not state a years rent up front then the landlord cannot demand it.

    Also if they wanted a reference they should have waited for the reference before signing the contract.

    Sounds v dodgy to me.


      Originally posted by Bytor View Post
      Estate agent says landlord is right...but sounds wrong to me!
      Agent would say that, wouldn't he! He is L's agent, after all, and not an impartial analyst.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).


        She has a contract you say so she can move in because the landlord has legally agreed to rent the flat to her.

        She can't be forced to pay a year up front unless she agreed to it in the contract ( as already stated).

        She should not be bullied into backing out of taking this flat. The landlord will have to evict her legally. S21 if she pays her rent on time. S8 if she fails to pay.

        The contract is a two way thing, the landlord should never have entered into it if it depended on references that he hadn't received. That's his problem not hers.

        If as a result of the lack of references he now doesn't want this tenant he should think himself very lucky if she agrees to take her deposit back and not hold him to the contract.


        Latest Activity


        • Reply to Tenants struggling to pay rent...payment plan or move them on?
          by Perce
          In what ways can small claims court impact S21 or S8 ? Does anybody has experienced?...
          29-05-2020, 22:38 PM
        • Tenants struggling to pay rent...payment plan or move them on?
          by Mavis808
          I have a Tenant Couple who have informed me this week that they can not afford the rent this month. Naturally they have blamed this on the Coronavirus however they have paid their rent 1 week late often, sometimes longer so have struggled in the past.

          I kindly said I would help with a payment...
          24-05-2020, 18:20 PM
        • S21 notice
          by Uklondoner
          My tenant is on rolling contract. Since 18/04 he has not paid the rent only paid a quarter of the owed rent recently. I am ready to serve him s21. Because he is hard to talk to and being dishonest to me. Does the s21 include the time for eviction? You might say 3moths but I will say 2 weeks whatso...
          29-05-2020, 21:52 PM
        • Reply to Section 21
          by Perce
          It is not clear yet what is going to happen with evictions. The ban may be extended till the end of the year. It is becoming almost impossible to evict a tenant. The government will make a decision shortly....
          29-05-2020, 20:24 PM
        • Section 21
          by zrux

          My tenant was struggling to pay rent, they wanted to move to council house. And asked me to serve notice.
          I served them the section 21 Notice on 28Apr2020 and gave them 4 months to vacate the property on 31-Aug

          Since then the tenant says he doesn't want to move out...
          28-05-2020, 13:18 PM
        • Reply to Section 21
          by MdeB
          Yes for S8G8, but for the discretionary grounds it is for the LL to persuade the judge....
          29-05-2020, 19:56 PM
        • Reply to Aiming to get a CCJ on ex tenant
          by Stew
          I understand you are upset but chase the person named on the lease, if they are together still it will impact the both of them so chasing for the CCJ on the named tenant will still impact the one not named as it will carry forward with them if they don't pay right away and when they try and rent again...
          29-05-2020, 18:55 PM
        • Aiming to get a CCJ on ex tenant
          by MadLL
          Apologies if I have posted this before, but I cannot find my original post, if I did indeed post!
          I rented my property to a tenant. I knew at the start of the tenancy that the partner planned to move in at a later date, although the tenant denied the partner ever moved in as I expect they did...
          29-05-2020, 17:30 PM
        • Reply to The tenant won't pay due rent
          by Perce

          I agree and this is a problem. Very difficult to find someone you can trust that they would do a good job.

          It looks like one has to become a solicitor first to be able to deal with solicitors. Solicitors forget half of the things you tell them, make errors, expect...
          29-05-2020, 18:52 PM
        • The tenant won't pay due rent
          by Uklondoner
          The tenant just told me he can't pay not even half and didn't apply for benefit probably doesn't know how to. He said I can call Police. What to do now? I know the government back people like him....
          18-04-2020, 18:34 PM