"Rent in advance" and "deposit": what's the difference?

coombe588

I've got a brilliant offer to move in with some old school friends and the new gaff is just around the corner from work. I'm eager to hit the road ASAP.

When I moved in to my current flat last year, I paid 1 month deposit and two months rent on the first day: so effectively 3 months rent.

So the landlord said I owe him at least 6 weeks notice. I think OK. But I paid two months rent in advance as well as the deposit, so he can just take the whole 6 weeks rent out of the 2 months in advance.

Landlord says no. The 3 months rent, he says, is all just a deposit to protect him in case I wreck the place. My boyfriend says that's bull----, only the first month is the deposit. If there's repairs needed (there isn't), he's supposed to take that out of the first month's deposit.

The other two months rent I paid last year on the day I moved in (I have the receipts) are strictly for rent only. I've never missed rent, so I'm fully up to date plus two months.

So I should be within my rights to just give him my notice, stay there 6 weeks, and leave.

Then the landlord can inspect my flat, tell me if there's any damage done, and if there is, retain a portion of my deposit to pay for the repairs.

Landlord says I have to pay a full month rent today AND a full month rent on July 1st as well, even though I'll only be staying until 12 July, as per 6 week notice period. Then, sometime in August he'll repay all the outstanding.

Who is right? Is there no difference in law between "rent in advance" and "deposit"?

davo10

Yes there is a difference, you need to read your tenancy contract to see which of these scenarios apply. You money could all be a deposit or it could be deposit plus two months rent.

A deposit is just that, a deposit you pay as a bond against any damage or outstanding bills etc at the end of your tenancy. It is usually equivalent to one month's rent because a lot of people mistakenly think it can be used to pay the last month's rent. This is returned to you after the property has been inspected at end of tenancy, less any legal and valid deductions.

The 2 months rent is effectively first and last month's rent, this is now becoming more common. Rent is paid monthly in advance so the first of those 2 months you gave the LL was for the first month you lived there and the second is for the last, so yes you do have to pay your rent in June, but not July as you have already given that when you moved in, the LL will refund you for the two weeks of July after your tenancy ends.

Or, you contract night state that the deposit is equal to 3 months rent, that does not mean it can be used by you as rent payment, just that the deposit is set at a certain amount to cover any issues with non payment by the tenant. If this is the case, then you must pay June and July, then you recieve the whole deposit back less any valid and legal deductions.

i can see why he wants you to pay in June, that is correct, but you shouldn't have to pay in July and you should be due your deposit (equal to 1 month) plus the overpaid 2 weeks in July back when you move out.

coombe588

davo10 wrote: »

plus the overpaid 2 weeks in July back when you move out.

Yeah the landlord says that I have to pay per month or portion thereof, so the fact that I'm gone won't mean anything. Even if my notice covers just under a half month.

He says that that is why most people leave at the end of the month.