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    #16
    Opps, seems I knew nothing legal when renting out the property. However, have now set up an account with DPS.
    I've decided not to do anything about the 1 month rent in advance as deposit, partly because I didn't declare anything in the first 14 days. I spoke to the remaining tenant who's received my notice to quit in writing. She seems resolved to moving out - it's end of tenancy period anyway. I won't hassle her about lack of full rent in last 2 months - I just want to extricate myself from the situation, which with a bit of luck I will!
    Anyway, for the future if arranging a tenancy on similar terms e.g. receipt of one months rent in advance and the months current rent, would it be best for tenant to pay up 'till end of tenancy and then receive deposit of rent back at that date, or could they not pay final month and I claim deposit back for myself?
    Thanks, Oliver

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      #17
      Originally posted by oliverg View Post
      Opps, seems I knew nothing legal when renting out the property. However, have now set up an account with DPS.
      I've decided not to do anything about the 1 month rent in advance as deposit, partly because I didn't declare anything in the first 14 days. I spoke to the remaining tenant who's received my notice to quit in writing. She seems resolved to moving out - it's end of tenancy period anyway.
      I won't hassle her about lack of full rent in last 2 months - I just want to extricate myself from the situation, which with a bit of luck I will!
      As I said in post #8, a s.21 notice is not a 'notice to quit'. It doesn't end the tenancy, or mean the T has to leave, it just entitles the LL to apply for possession after the notice expires. Nor does the tenancy end at the end of the fixed term if the T chooses not to move out - and the fact that you're not demanding the full rent you're entitled to increases the likelihood of this happening.

      Whatever notice you sent to the T, it is unlikely to be valid, not least because the addtional rent in advance is likely to comprise a protectable deposit, and a s.21 is invalid if served before the deposit is protected. The point is, it may be unwise to rely on 'luck' to extricate yourself.

      There is no penalty for late protection. The DPS will accept late submissions (http://www.depositprotection.com/). There is, however, a penalty if you fail to protect the deposit - the tenant may apply under s.214 HA2004 for return of the deposit plus 3 x the value of the deposit.

      Assuming you intend to continue on in the rental business, you seriously need to learn about the legalities. A happy-go-lucky, fingers-crossed approach could turn out to be very expensive, particularly if you get a tenant who is better informed than you are.

      Anyway, for the future if arranging a tenancy on similar terms e.g. receipt of one months rent in advance and the months current rent, would it be best for tenant to pay up 'till end of tenancy and then receive deposit of rent back at that date, or could they not pay final month and I claim deposit back for myself?
      Forget the idea of extra rent in advance; all tenants should pay the first month's rent in advance when the tenancy begins (and then continue to pay the rent on the due date throughout the tenancy, including rent for the final month when it falls due).

      In addition, you should take a deposit - usually a sum equivalent to a month's rent, or 6 weeks' rent. This deposit money should then be protected by a scheme, and held as security against LL's losses caused by any breach of the contract by T - which may be damage, unpaid rent etc (the contract should specify what the deposit may be used for). If the tenant causes no damage and there is no unpaid rent, then the deposit is returned in full after the tenant vacates.

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