My tenant want to pay deposit after 5 months's time

Landlord Discussion Legal
1

Hi, I am bit confused, my tenant on AST do not want to pay the deposit upfront but would like to pay the deposit only after the 5th month on the tenancy.

Is it possible to have deposit later down the line of the tenancy.

Any help would be greatly appreciated.

Thank you.

3

You said “tenant on AST”. Have they signed a tenancy agreement? If so, what does the tenancy agreement say about the deposit payment? If it says it needs to be paid on a particular date, then it needs to be paid on a particular date. If the tenant has yet to move in, I would be asking them for deposit before handing over keys.

Did you check 6 months of bank statements to ensure they had the cash to move in and can afford the property?

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4

agreed, deposit is paid before key handover & move-in. The deposit is about ‘IF’ the tenant doesn’t pay or causes damage, and if either of these occur, they are not likely to give it to you in 5 months time.

I think the question might be lacking in details or advise any further.

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5

Hi, everyone, thank you for your knowledge sharing. I have now agreed with the tenant to receive 6 months rent upfront which will have 5 months rent and 1 month as a deposit.

Thank you.

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6

it’s not 6 months rent though. It’s 5 months rent.

That deposit needs to be recognised, and protected, as a deposit.

You still haven’t told us what your contract says or in fact answered any of the three questions I asked in an attempt to help you. Sometimes I wonder…

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7

Hi tatemono, thank you again for your message. I will not put it in the tenancu agreement saying that I will have 5 months rent upfront. The rent will still be told as monthly in tenancy agreement. However they like to pay 5 months upfront so only on from 6th month it will be monthly.

I have not made any tenancy agreement yet.

Thank you.

8

I have only checked 3 months bank statement.

I have not yet drafted the tenancy agreement. This will be my first time doing it.

Thank you.

9

I strongly suggest that you don’t draft your own tenancy agreement. Use OpenRent’s or the standard government AST or, better still because you appear to be very inexperienced, join a landlord association and use theirs.

If you’ve seen three months of statements, then you will know whether they can afford a deposit. My advice would be to take the deposit and one month’s rent when the tenancy starts and then have them pay monthly. No need for any rent in advance and if they can afford 5 months, there’s no reason why they can’t pay the deposit now.

read up on protecting deposits or you’ll get yourself in trouble if you don’t know what you’re doing

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10

Hello, thank you for your advice and this is true that I am completely new at the moment, I will definitely use the tenancy agreeement drafted from openrent.

However, could you please suggest me where can I find the landlord association please.

Also, can the tenant pay in cash?

Thank you.

11

He cant pay cash if you use the Openrent Rent Now process. The holding deposit, and then the balance of the main deposit and 1st months rent must be paid in advance via their website, plus the extra months being paid in advance if you set-up the contract in that way.

Going forward if you are collecting rent yourself, he can pay how you both wish, but make sure its recorded and declared to HMRC.

I’d certainly recommend using Openrent Rent Now, as it’ll make sure that you are compliant with AST, rental deposit processing. right to rent guides etc. I trust you already have gas cert, EPC, electrical safety tests etc in hand or done. Make sure you have uploaded them to RentNow so they are served.

If all of this sounds complicated… its because it is! Being a Landlord is not easy, so think carefully if you want to do this yourself or use an Agent. There are many mistakes to make, and some of them can cost you alot of money!

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12

Hi Karl11, thank you for your guidance. I already have all the safety certificates in hand. I will make sure to provide this to tenant. I will be more careful and have asked the tenant to deposit money into my account via bank transfer.

Thank you very much.

13

The_Landlord, do you know about all the documents you have to serve on the tenant at ghe beginning of the tenancy, or the other laws and regulations landlords must follow? If not, you could easily get stuck with a tenant who stops paying but you cant evict. If you dont know what youre doing, dont do it. Get an agent until you learn.

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14

Sounds suspicious what if they damage the property you have no deposit also a deposit forms part of the tenancy agreement which is a legal document I would suggest you use a rental company not di it yourself I doubt you’re familiar with the current legislation in the UK? You can’t make it up as you go along here. Good luck with managing tenants who believe it’s okay to accept this

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15

Hi David,

Please see the extract from Gov.uk website. Thank you once again for looking into this for me.

I will be following this:

  • Tenancy agreement. Make sure you have a written tenancy agreement and read it carefully to understand your rights and responsibilities before you sign it. The landlord or agent usually provides one, but you can ask them to consider using a different version instead. The government has published a model tenancy agreement which can be downloaded for free. If you have any concerns about the agreement, seek advice before you sign. If you are unhappy with the tenancy agreement, the Tenant Fees Act allows tenants to walk away from unfair terms without forfeiting the holding deposit.
  • Inventory. Agree an inventory (or check-in report) with your landlord before you move in and, as an extra safeguard, make sure that you take photos. This will make things easier if there is a dispute about the deposit at the end of the tenancy. If you are happy with the inventory, sign it and keep a copy. From 1 June 2019, landlords or letting agents cannot charge certain fees. See the government’s guidance on the Tenant Fees Act for more information.
  • Meter readings. Remember to take meter readings when you move in. Take a photo showing the meter reading and the date and time, if possible. This will help make sure you don’t pay for the previous tenant’s bills.
  • Contact details. Make sure that you have the correct contact details for the landlord or agent, including a telephone number you can use in case of an emergency. You are legally entitled to know the name and address of your landlord.
  • Code of practice. Ask whether your landlord or agent has signed a code of practice, which may give you additional assurance about their conduct and practices.

Things the landlord must provide you with

  • A copy of the guide, ‘How to rent: the checklist for renting in England’, either as a hard copy or, with your agreement, via email as a PDF attachment.
  • A gas safety certificate before you occupy the property. They must also give you a copy of the new certificate after each annual gas safety check, if there is a gas installation or appliance.
  • Deposit paperwork. If you have provided a deposit, the landlord must protect it in a government-approved scheme within 30 days and give you prescribed information about it. Make sure you get the official information from your landlord, and that you understand how to get your money back at the end of the tenancy. Keep this information safe as you will need it later.
  • The energy performance certificate, which contains the energy performance rating of the property you are renting, free of charge at the onset of your tenancy. As of April 2020, all privately rented properties must have an energy performance rating of E or above (unless a valid exemption applies) before being let out. You can also search online for the energy performance certificate and check its rating.
  • A report that shows the condition of the property’s electrical installations. The landlord also has to give this to the local council if they ask for it. The electrical wiring, sockets, consumer units (fuse boxes) and other fixed electrical parts in rented homes must be inspected and tested every 5 years, or more often if the inspector thinks necessary. Throughout the whole time a tenant is living at the property, national electrical safety standards must be met.
  • Evidence that smoke and carbon monoxide alarms are in working order at the start of the tenancy. Tenants should then regularly check they are working.
16

Quite simply, no.

If you can not pay the deposit, you will not get the keys. This is paid before the final paperwork and handing over of the keys.

18

NO! Never accept cash.

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19

This has got disaster written all over it. The tenant can’t afford to pay and they haven’t even moved in yet.
Find another tenant

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20

Personally. If the person is unable to pay the deposit, I would be very wary. These are the tell tale signs.
Better be safe than sorry.
We ALWAYS demand the deposit AND the first month’s rent on or before the AST starts.
The decision is yours!
Mike

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21

Perhaps they want to avoid paying the deposit because it will be logged with Mydeposit or DPS against their name…ID, Passport.

Make sure you check their Passport or ID and the best way to verify the tenant ID and their bank details, is to tell them to bring their their bank card so you can verify their name and bank details by transferring a pound to their account.

If they have something to hide, you wont hear from them again.

22

This is how I read the situation. Your tenant will stay for 6 months and they will no pay last month’s rent and deposit will cover it. And you will not have anything to cover yourself if damage is done. After government put cap on deposit it only covers one month’s rent. And a bad tenant will not pay last month’s rent. And landlord will be glad to see back of them and will be out of pocket for damages.