If a letting agent advertises a property with no mention of bond/deposit do I legally have to pay it?

[eamont60]

I am currently looking to rent a property, to which I have viewed one and really like it.

 

The description of the property advises of one months free rent on a 12 month let and does not state anything about a bond or deposit.

On completing an application form the letting agent says that the bond/deposit is equal to 1 months rent. As this has not been advertised does this still have to be paid, or is this against the trades description act.

Also can the landlord/letting agent dictate what month is the free month?

 

Would appreciate some help

[BankFodder]

Yes it does have to be paid.

[MrShed]

Agreed.

[mariner51]

I agree the deposit is payable up front and protected

IMO the free month does not have to be specified but monthly rent due could be reduced by 1/12 pcm for a 12 month fixed term.

From a LL & T viewpoint it would be more acceptable if first month rent was free if deposit received on signing AST and subs months rent were due at full rate.

[Aviva]

I have rarely seen deposit or first month in advance mentioned in advertisements.

 

It's standard to pay these. I've never rented privately without having to pay these at the time of signing the agreement/getting the keys. Anyone looking to rent privately not wanting to pay these or who does not have the money to will find it hard to find a landlord who will let to them.

[Ed999]

It has been established caselaw in England and Wales for over a century that advertising matter is "mere puff" and forms no part of the contract.

 

Certainly, in no way is the landlord constrained if his advertisement does not specify all the terms and conditions. The latter will only be found in the tenancy agreement and the letting agent's particulars, taken together.

 

 

All lettings, without exception, are subject to the payment of a security deposit of at least one month's rent. This is such a normal business practice that one would hardly think that any prospective tenant could be unaware of it. It certainly does not constitute sharp practice.

 

I have not heard of any provision in the Trades Descriptions Act that could be relevent to a shorthold agreement.