Not paying rent under AST

[Mrs Mug]

The law since 2007, says that any deposit has to be placed in a deposit scheme. If your tenancy agreement says that the deposit can be used to pay rent arrears, then you should be able to claim it from the deposit company.

You can no longer just keep the deposit to pay the last months rent.

[thesaint]

I can see your point.

So in future, if I put the 2nd month down as a deposit but use it as their last month's rent would I be ok that way?

"The last months rent" is also not really categoric, as who knows when that may become due?
If you are wanting to do this instead of taking a deposit, I would state exactly what period the "extra" payment is for.

If the tenancy starts on the 1st Jan 2014, then the tenancy agreement would state that the 2nd payment is for the rent due on the 1st May 2014.

The problem is, is that if they stay longer, then you will no longer have the security of that payment.

I tend to not take deposits, but if I do, I take the equivalent of a month and a half.
That way, I get earlier notice if the tenant is planning to get off without paying the last months rent.

Using my method, if the tenant was planning to leave and use their deposit as a rent payment, they would only pay half a months worth of rent a month before their last payment is due.

[Dirty Stop Out]

Ok thanks for your help, I think I'm going to kick the 2 months in advance into touch and just hope I don't get ripped off if and when they move out.

So much red tape and unfortunately it protects the wrong people in my honest opinion.