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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32991
Experience:  award winning lawyer with over 15 years experience
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Our landlord required two months advance rent instead of a deposit whe

Customer Question

Our landlord required two months advance rent instead of a deposit when we moved in. One month was used against the first month, whilst the second one was to be used for the last. We have renewed our tenancy agreement for 6 years now. As of January this year, our landlord sold the property to a new company. This company is now stating that no monies akin to deposits or 'last month's rent' have been handed over with the pruchase of the property and are now asking for a security deposit.
Can we reclaim the initial 'last month's rent' back from the new landlord before paying the security deposit required? Or, can we require them to use that 'last month's rent' as the security deposit?
Please would you also refer me to the relevant legislation about what a new purchaser of a property acquires (i.e. liabilities) when he purchases a property with existing tenants?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas Judge replied 2 years ago.
Thanks for your question.
The key will be for you to ensure that you continue to pay your rent and do not put yourself in a position where you are in breach of the terms of the lease. It would be common for the deposit to have been part of the sale agreement between the landlord and former landlord. You should provide evidence to the new landlord and advise that you are entitled to your money back from them in any event. Seek correspondence from them to prove (if they can) that they are not liable. The key you have is your contract and the proof.
Customer: replied 2 years ago.
Dear *****,Many thanks for your answer; but i'm not sure it quite answers the question i asked. I am aware of the general position that i am entitled to my money from the new landlords; but what i was looking for was a much more detailed answer and the legislation references to back it up so i may form a written submission to my landlord. I am aware that there have been recent cases where it was held that rent in advance could be a converted into a security deposit and the circumstances where this would apply?