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Asked to pay more after paying in advance

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278 views 2 replies latest reply: 03 February 2016
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Tenant

Hello, simple question. I have paid for 6 months in advance and now it is 4 months and a couple of days into my rent and the landlord is asking for me to pay 3 more months in advance. Is this legal and how should I go about it?

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Administrator

Hello

I’m not a lawyer but I would imagine, if you’re happy to pay the rent up front, as long as you have documentation that shows the rent is being paid up front and the dates that the rent applies to then there’s nothing wrong with that. Keep proof of the payments you make so that they can’t go missing. As far as I know, there is no law to stop a landlord asking for rent up front – it’s a commercial deal between the parties so it’s up to you to either negotiate or accept it. The only situation where the law would get involved would be if the landlord took the money and then didn’t deliver on the tenancy agreement.

Alex

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Agent

They Landlords cannot legally ask you to pay more, in advance than you have previously agreed.
They can however give notice to  terminate your agreement (with some exceptions).
It is often the case that people are asked to pay six months in advance as they cannot demonstrate sufficient income.
Your landlords have not had to worry, so far,  as you have paid in advance but are possibly concerned that now they only have two month’s advance rent and that is the length of time they would need to give, as notice, if they wanted you to leave.
I would suggest that you offer them either renewed information about you income (if it has changed) or one additional month’s rent.
 
If they always have at least two months in hand, they are taking a smaller risk- first day that you don’t pay the rent they can issue notice under section 21.
 
They probably don’t want to have to re-rent the flat but, might be concerned about the your ability to pay the rent.
Hope this helps
 
 

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