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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I entered into an AST on 14-6-12 which clearly states there

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I entered into an AST on 14-6-12 which clearly states there is NIL deposit an a monthly rent of �525. On 14-6-12 I paid over �750. I had the extra money on me as I believed I would be paying into a protected deposit scheme. My lanlord was not a member at the time and stated he did not intend on becoming a memeber. I paid the additional amount as he was badgering me for 2 months rent to be paid on 14-6-12 and I was keen to secure the room. It was never really agreed what the money would be for but I latwer relied on it to form part of the second months rent. I have since learned that the landlord registered with the Deposit Protection Service, paid over the �225 and is now asking for additional rent as he says I am now in arrears by this �225. Where do I stand?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

The tenancy agreement does not refer to any deposit amount and there is no other documentary evidence indicating there is a deposit.

Is the above correct?

TOm
Customer: replied 1 year ago.


The tenancy agreement has it clearly written in "NIL" (by the landlord) in the space left blank for a deposit amount. There is no further documentary evidence.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Okay. I don’t think he would be successful in suing you if you only paid the balance of the rent payable taking in to account that you had already paid that amount in arrears.

So, if you simply remained paying the whole of the rent for the remainder of the term then you would never get in to two months rent arrears and give the landlord the right to terminate on the basis of rent arrears under s8.

Your tenancy is not at risk because of this providing that you pay the rent on time for month three and onwards. He cannot evict you because of this even if you don’t pay the balance of the ‘’arrears’’.

So basically, it’s up to you whether or not you want to pay the balance, if you don’t the landlord can’t do much about it really. I would suppose it’s a question of whether you want to maintain your relationship with your landlord.

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Kind regards,


Tom
Customer: replied 1 year ago.

I am actually on the point of ending the tenancy and vacating the property so my landlord wants me to bring the rent up to date (as he sees it) before I leave. Could this initial overpayment be construed as a deposit even though the tenancy agreement says NIL?
Would the courts take the view that as it is customary practice to have a deposit in such arrangements, that this will override the tenancy agreement?

Expert:  Thomas replied 1 year ago.
No.

If there is a space for where the deposit should have been entered and there is nil in there and there is no other documentation or correspondence indicating a deposit would be taken then the presumption will be that it is a rent payment. Not a deposit.

Please remember to rate me answer.

TOm
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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