Tennant in breach of 12 month upfront rental agreement

A tenant moved into our rental property last July, they were returning from Portugal so their credit status in the UK wasn’t any good. A 12 month pre paid rental agreement was put together by the agent, they requested to pay 7 months upfront, followed by 5 months 14 days later. They paid £5k in October but still have £10k outstanding, they aren’t getting back to us or the agents. What is our legal standpoint on this? They are clearly in breach of contract so can we issue notice? They aren’t actually in rental arrears yet but will be at the end of January. Thanks!

£5k doesnt sound like 7 months rent. Were they given the keys after that and if so why? If theyve taken possession already then they may have a tenancy although the breach of the contract does affect things.

Hi David, apologies I should have put a better description. The contract stipulated that they were supposed to pay 7 months in June ‘23 and then 5 months in July 23’, they eventually paid £5k of £15’500 in Oct so we still have £10’500 outstanding. They moved in 1st July '23.

So you let them move in without having paid a penny in rent!

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No, they paid 7 months upfront.

Sorry this is too confusing.

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Your numbers don’t make sense.

Please provide the following for us to help you:

Rent per month?

Rent supposed to be paid and when?

Rent actually paid and when?

What type of contract do you have?

What is the wording of the contract re: payment of rent?

What deposit was paid? Included in the money paid?

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Dealing with tenants can be tricky, especially when they’re not holding up their end of the deal. I had a similar situation a while back. My tenant started off strong but then fell behind on payments.