Does rent fall due/payable in advance or in arrears?

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    Does rent fall due/payable in advance or in arrears?

    i have paid rent advanced when i first moved in + a deposit equivalent to rent.

    and ill be leaving the home soon.. the problem is the landlord is trying to say that he wants a months rent..which is going to cover the last month.

    which is strange because ive paid 1 month advanced at the beginning, so im not supposed to pay last month (if im correct) + i have to get my deposit back (minus any damages to property.

    we signed a tenancy agreement and the rent is stated on their as follows:
    the RENT £xxx per/month payable in advance on the *left blank* of each month

    can someone help me out...is he trying to scam me? im particularly worried im about the "payable in advance on the" being left blank.

    thanks

    #2
    Most rent nowadays is payable periodically in advance (on each due date for week/month/half-year/year then beginning); so- no, it's not a scam.
    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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    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).

    Comment


      #3
      Originally posted by jeffrey View Post
      Most rent nowadays is payable periodically in advance (on each due date for week/month/half-year/year then beginning); so- no, it's not a scam.
      but i have already paid in advance..and he wants another payment before i leave for the same month, if that makes sense.

      Comment


        #4
        Your rent is paid in advance so you still owe for the final month, hence the landlord requesting payment. Unless you paid 2 month's worth of rent in advance plus a deposit, but i can't quite fathom what you're trying to explain.
        <a href="http://www.manchesterpropertygroup.co.uk/" target="_blank">Manchester letting agents</a>

        Comment


          #5
          ok..

          I have paid on the 1stMay for the whole month until 1st June.

          But landlord is saying that i must pay again on 1st June..im assuming that this payment will be for the whole of june...but i wont be living here anymore during that month am gone on 31st of May.

          sorry for repeating these things..i just dont understand..please confirm again who is wrong..me or landlord.

          thanks

          Comment


            #6
            When does your tenancy agreement expire? If it expires at the end of May and you've already paid, you shouldn't owe anything. However if it ends at the end of June then obviously you owe the rent for June.
            <a href="http://www.manchesterpropertygroup.co.uk/" target="_blank">Manchester letting agents</a>

            Comment


              #7
              Originally posted by jrsteeve View Post
              When does your tenancy agreement expire? If it expires at the end of May and you've already paid, you shouldn't owe anything. However if it ends at the end of June then obviously you owe the rent for June.
              it has ended a very long time ago..landlord is very lazy and does not even bother to come and renew the tenancy..if im right i can leave when ever i want..which will be at the end of this month..and this month has been paid for and the proof is that the first month was advance payment..and automatically the last month will have been advanced...no?

              thanks.

              Comment


                #8
                No you're wrong. The agreement you have now is periodic and you have to give the landlord one month's notice before intending to vacate, they must give you two. Therefore the rent is owed as you have not given sufficient notice.
                <a href="http://www.manchesterpropertygroup.co.uk/" target="_blank">Manchester letting agents</a>

                Comment


                  #9
                  what if he has verbally told me that i can leave at anytime and he would give me my deposit...this was a few months ago.

                  Comment


                    #10
                    I guess he's retracted it?

                    The easiest thing to do is write a rent "statement" showing when you have paid, and for what periods.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      Originally posted by ihatefraudandscams View Post
                      what if he has verbally told me that i can leave at anytime and he would give me my deposit...this was a few months ago.
                      That's not legally binding. As a contractual variation, it fails;it lacks contractual consideration.
                      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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      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).

                      Comment


                        #12
                        Originally posted by thesaint View Post
                        I guess he's retracted it?

                        The easiest thing to do is write a rent "statement" showing when you have paid, and for what periods.

                        no he has not retracted it...because the months rent that he now wants is not based on me not giving him 1 month notice...this is not his argument....its all based on him claiming that i dont pay advanced and that I ALWAYS pay arrears.. which is unlikely because he took advanced on the first day and until now has been coming to collect his rent every month.


                        going back to the verbal agreement..then he mentioned this during a dispute where he refused to repair the home properlyand we said we will leave and he said "you can leave anytime i will not stop you and will give you back 550 (which is propably the deposit)"...he may although have forgotton this statement of his..but it still applies as far as i know.

                        Comment


                          #13
                          Originally posted by jeffrey View Post
                          That's not legally binding. As a contractual variation, it fails;it lacks contractual consideration.
                          ok..can you let me know where i can read the laws about verbal agreements..and also which law states i should give him 1 month notice.

                          thanks.

                          Comment


                            #14
                            Not easily! Oral agreements and common-law NTQs are governed by, er, common law.
                            Try this thread which I started in order to explain the basics: http://www.landlordzone.co.uk/forums...light=contract
                            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 http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            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).

                            Comment


                              #15
                              well..regardless of me not giving him 1 month notice..he never complained about this as of yet..he already agreed i can move without mentioning this 1 month notice when informed of the move

                              ...his complaint is that i *pay arrears* usually and not advanced and i hope the contract is prove against him therefore i wont have to pay anything and will be able to move out and get my deposit back aswell.

                              thanks everyone..but i will take this to court if no deposit is returned to me.

                              Comment

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