Can I make the tenant pay two months’ rent in advance instead of taking a deposit?

November 3, 2014

Can I make the tenant pay two months’ rent in advance instead of taking a deposit?

It is not permissible to require rent to be paid before its due date, so this might well be regarded as a sham by the Courts, leaving you liable to the penalties for non-compliance with the regulations. In any event you would have to forgo the last month’s rent and effectively do without a deposit.

I have let to three joint tenants, one of them wants to leave and has found a suitable replacement, but he wants a third of the deposit back.

Technically this amounts to a surrender of the existing tenancy and the creation of a new tenancy. It may be possible for the tenants to reach agreement amongst themselves for the new tenant to reimburse the departing tenant and take over his right to some of the deposit, but if there is any doubt this should be treated as if the whole deposit is to be returned and new one paid.

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