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my contract says 2nd month rent advance

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i have just moved in to a flat, the letting agents did not take deposit but said it is 2n month rent in advance, which is like a deposit.


do they still have to sigh up to the Tenancy Deposit Scheme and who has to the agents or landlord.


thanks in advance

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They probably think they are being clever here and getting out of protecting the deposit. It doesn't work.


They obviously think that they can keep that second month's rent in lieu of a deposit. They can't. If it looks like a deposit, if it smells like a deposit - IT IS A DEPOSIT and must be protected.


What does the AST say? If you have paid 2 months rent in advance and it is not a deposit that they protect, then it must be your rent for month 2 so don't pay it again!! I suggest you tell them that if it is 2 month's rent in advance, then you don't have to pay any more until month 3. If it is a deposit, they had better protect it and notify you in accordance with the deposit protection legislation.


The final responsibility for deposit protection lies with the landlord. They may pass the job onto the agent - but this is risky (particularly with a dodgy agent like this one). If you have an address for the landlord, you should think about writing to him/her and letting them know that they may be laying themselves open to prosecution for non-protection of a deposit. Also, by taking 2 month's rent in advance and no deposit, they will have nothing to protect them from damage any tenant may cause.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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