How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7150
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I entered into an AST on 14-6-12 which clearly states there

Resolved Question:

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: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

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?

Customer: replied 3 years 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 3 years ago.

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.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Customer: replied 3 years 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 3 years ago.

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.

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7150
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Thomas



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Alex J.'s Avatar

    Alex J.


    Satisfied Customers:

    LPC, 2 Years Conveyancing
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Matt J's Avatar

    Matt J


    Satisfied Customers:

  • John Knox's Avatar

    John Knox


    Satisfied Customers:

    solicitor with 8 years experience
  • PortsmouthLaw's Avatar



    Satisfied Customers:

    I have been a solicitor, dealing with property law issues since 1981