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To pay rent and deposit before tenancy agreement signed?

10 replies

blingblongbling · 29/06/2021 11:07

Letting agency are asking us to pay the deposit and rent before tenancy agreement has been signed. I believe this is a big no no and won't be paying until signed agreement t is in place. Can anyone advise please?

OP posts:
blingblongbling · 29/06/2021 11:28

Anyone?

OP posts:
FlowerArranger · 29/06/2021 11:33

As a landlord, I require the deposit to be paid at the time I agree to rent to a tenant, with the 1st month rent due at or before signing the tenancy agreement.

I believe this is pretty standard.

If you have further concerns, maybe ask at Landlord Zone or similar forums. Or consult Shelter.

blingblongbling · 29/06/2021 11:53

Thanks @FlowerArranger. From what I have been able to establish, asking for a deposit or rental payment before signing a contract is prohibited in law and would be classed as a prohibited payment and as such would be refundable the same as holding deposits.

OP posts:
nellly · 29/06/2021 11:59

It's all supposed to happen at the same time isn't it? I'm sure you normally go sign the agreement and pay while you're there so neither party is disadvantaged

mumwon · 29/06/2021 16:20

Copy of contract & details to be read before signing next day sign contract & pay by cash or instantaneous bank transfer in the bank working hours ?

There was a discussion about this on NRLA forum
they refer to landlord zone discussion -basically the concern is about a tenant moving in & not paying rent
So deposit can be paid ahead & go straight into My Deposit which is protected & only for the tenant & not accessible for landlord
There are dishonest & bad LL but there are also a few dishonest tenants who will take advantage so both as pp states need to work to make sure neither is disadvantaged
The answer is not very clear & up to debate

Flowers500 · 29/06/2021 17:11

Like hell would I ever give full rent and deposit to a landlord before signing a contract!!!! I've always done a holding deposit when I put an offer (usually 1 week) then sign contract then full deposit and 1 month rent upfront. But I'm giving them my money due to a contract we have, not as a random present!

Flowers500 · 29/06/2021 17:12

Also what would happen if they just didn't give you the contract? So they would just have your money and you would have no enforceable tenancy? Don't do it

earsup · 29/06/2021 17:43

i let a few houses...its all done at same time with the agency.

Livingintheclouds · 29/06/2021 20:04

I'm pretty sure when the contract is signed paymentvus made. I certainly wouldn't hand over thousands without a contract.i let out five properties and never have had money without contract.
Possibly a holding deposit may be paid?

surreygirl1987 · 29/06/2021 20:35

We have just signed a lease. Exactly the same as @flowers500 said - we paid a holding deposit, had all the reference checks done etc, when they were FINALLY done we had a contract to sign and then we had to pay our deposit and first month's rent (no less than 48 hours before collecting key). I wouldn't not feel comfortable paying anything other than holding deposit with no contract!

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