OpenRent Community

Advance rent paid in excess of periodic tenancy notice period

#1

Hi.

I am a tenant that has paid 6 months rent upfront on an AST which began on the 2nd Jan 2019 and ends on 1st July 2019.

My tenancy agreement states that if I wish to stay for the periodic tenancy then rent for July is to be paid on the 2nd May and on the same day each month thereafter - so effectively, on 2nd May and every month thereafter landlord will have 90 days rent in advance already paid to him.

The landlord wants me to stay and has asked me to set up a debit order for the rent starting 2nd May - which I have done.

But I have a question - The notice period for the periodic tenancy is one month - however, assuming that I do pay the rent on the day that I give the landlord the one months notice, I would have paid for the next three months, current month included.

I’d therefore like to know if I am guaranteed to get the rent for the two extra months rent that I would have paid refunded to me? I did also pay for a deposit of 6 weeks rent.

Any advice would be greatly appreciated.

#2

Hi Amanda,

Is this in relation to one of our tenancies? It sounds like this tenancy proceeded outside of OpenRent, so the port of call would be to check in with the landlord and seek legal advice.

I’m not legally trained here, so wouldn’t be the best to advise here!

If I’ve misunderstood and this concerns a Rent Now tenancy - for instance, with custom clauses - do just let me know.

George