Extra Rent?

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    #31
    Originally posted by ll 1956 View Post
    So I've paid £1600 deposit and have been asked to pay advance rent of £1600 on February 2nd, I move in March 1st and then on March 2nd I pay £1600 again.
    That cannot be right.

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      #32
      Originally posted by Lawcruncher View Post
      That cannot be right.
      Morally? Legally? I don't think OP is mistaken, he/she has checked this with the landlord.

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        #33
        Originally posted by ll 1956 View Post
        The tenant shall pay to the landlord £1600 per month this is to be paid in advance, the rent should be paid on the 2nd of each month
        The landlord will let to the tenant the house for a term of six months and this tenancy will commence on and include the 1st March.
        The deposit of £1600 will be paid to the landlord.


        So I've paid £1600 deposit and have been asked to pay advance rent of £1600 on February 2nd, I move in March 1st and then on March 2nd I pay £1600 again.
        Assuming there is nothing else in the contract about when the first payment is due, then I cannot see that any rent is payable in advance on 2nd February (nor on 2nd January 2013, nor on 2nd December 2012). One day's rent is due on 1st March, and one month's rent is due on 2nd March.

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          #34
          Originally posted by Lawcruncher View Post
          That cannot be right.
          Yes, that was the agreement. So i've paid the deposit and will make payment
          for rent on February 2nd for March, my deposit is non returnable so I cannot
          afford to walk away.

          Is this money payable on February 2nd a deposit as it has been suggested
          and therefore does it need protection? I will ask the landlord to confirm this
          when he protects the £1600.

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            #35
            Originally posted by ll 1956 View Post
            Is this money payable on February 2nd a deposit as it has been suggested
            and therefore does it need protection?
            I doubt it can be considered a deposit since you paid it as rent for a specific period...

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              #36
              Originally posted by ll 1956 View Post
              Yes, that was the agreement. So i've paid the deposit and will make payment
              for rent on February 2nd for March, my deposit is non returnable so I cannot
              afford to walk away.
              A security deposit is your money. The LL cannot take it unless he can prove that he is entitled to keep it due to a breach of contract such as unpaid rent or damage to the property.

              Is this money payable on February 2nd a deposit as it has been suggested
              and therefore does it need protection? I will ask the landlord to confirm this
              when he protects the £1600.
              The contract does not, apparently, specify that any rent is payable on 2nd February.

              Your rental liability starts on 1st March. Rent is due in advance.

              So, on 1st March, one day's rent is due, and on 2nd March one month's rent is due.

              If you pay a month's rent in advance on 2nd February, that effectively covers the period 1st March - 31st March. You will still owe on day's rent for 1st April, however. The next rental payment is due on 2nd April.

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                #37
                would it not work by paying 1 days rent on 2nd Feb - as that is all that is due until 2nd march??

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                  #38
                  The problem here arises from amateurish drafting. A well drafted agreement not only states when rent is payable, but also, where necessary, provides for what happens in respect of the first instalment, i.e. when it is payable and to which period it relates. I agree with Westminster that in this case no rent can be due before the tenancy starts.

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                    #39
                    Am I correct in remembering that a tenancy agreement only takes effect on possession, so the OP can walk away without penalty before he moves in?

                    If the OP still wants the flat, pay the advance on 2 feb, then make no further payment until 2 Apr. The LL can have no grounds to take any action a the OP won't be in any arrears, let alone the 2 months required for a notice.
                    caveat emptor
                    If it sounds like I know what I am talking about........I don't.

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                      #40
                      Originally posted by Wight Knight View Post
                      Am I correct in remembering that a tenancy agreement only takes effect on possession, so the OP can walk away without penalty before he moves in?
                      A tenancy of 3 years or less takes effect in possession, yes. But OP has agreed a contract for a tenancy; if he fails to proceed he will be in breach of contract, and the LL could claim consequent losses. However, the LL would have a duty to mitigate his losses.

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                        #41
                        Originally posted by Wight Knight View Post
                        Am I correct in remembering that a tenancy agreement only takes effect on possession, so the OP can walk away without penalty before he moves in?
                        No.

                        Concluding a tenancy agreement and the commencement of the tenancy are two different things.

                        Once the agreement is concluded the parties are bound by the obligations set out in the agreement irrespective of whether the tenancy has begun.

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