Rent in Advance is a NO NO - Except pre tanancy *

1.1.        The rent must be paid in advance on the rent payment day specified in this agreement. If the rent is late by more than 14 days, the Landlord can charge thereafter interest at 3% above the bank of England base rate and interest will be charged until the date full payment is received.

1.2.        Obligations/liabilities of more than one person shall be “joint and several” (which means that, for example, they will each be liable for all sums due under this agreement and not just for proportion of them)

1.3.        If rent is received from a third party that will be accepted from them as the Tenant’s Agent. The Landlord will not intend to create a tenancy with any person who pays rent on the Tenant’s behalf. Where a third person pays the rent it is the Tenants responsibility to notify the Landlord so they can ensure appropriate compliance – as an example perform a required anti money laundering check as required by law

1.4.        Council tax - the Tenant is responsible for paying any council tax due in respect of the property unless otherwise agreed in writing.

1.5.        Utilities, television licence and communication services

The Tenant must arrange for the supply of utilities to the property in their own name, including electricity, gas or other fuel, water and sewerage, and must pay all charges relating to those services.

The Tenant must arrange and pay for any communication services at the property, including internet, telephone (if applicable), cable television and satellite television.

The Tenant must pay for a valid television licence for the property where required.

The Tenant remains liable for all such charges until the tenancy has legally ended.

The Tenant must not, without the Landlord’s consent, cause any utility or service to be disconnected. Where a service is disconnected as a result of the Tenant’s act or omission, the Tenant shall be responsible for the reasonable costs incurred by the Landlord in reinstating that service. The Landlord may seek recompense.

1.6.     Rent increases - The rent may only be increased by the Landlord in accordance with the law.

1.6.1.   The Landlord may propose an increase in rent by serving written notice on the Tenant under Section 13 of the Housing Act 1988 (as amended) using the prescribed statutory form.

1.6.2.   The notice must specify the proposed new rent and the date from which the new rent will take effect and must give the Tenant the minimum notice required by law.

1.6.3.   The Tenant has the right to challenge a proposed rent increase by referring the notice to the First-tier Tribunal (Property Chamber) before the proposed increase takes effect.

1.6.4.   If the Tenant makes such an application, the Tribunal will determine the market rent for the property.

1.6.5.   No rent increase will take effect unless the statutory notice procedure has been properly followed.

1.6.6.   The Landlord may not increase the rent more frequently than permitted by law.

 

1.7.        The Tenant does not need to pay rent for any day during which the property is uninhabitable. This does not apply if the property is uninhabitable because the Tenant or their guests or family did something (or failed to do something) which invalidated the Landlord’s insurance policy in respect of the property.

1.8.        Should a Tenant request a spare or lose a key or security device giving access to the property and requires a replacement a fee can be charged for such. The Landlord or Agent shall provide evidence in writing to the person liable for the payment to demonstrate that such costs are reasonable and not exceeding £50

1.9.        Green deal charges a payment towards energy efficiency improvements under a green deal plan (within the meaning of section 1 of the energy act 2011) is a permitted payment if the tenancy agreement requires the payment to be made. The charge for this is nil unless otherwise specified here ____________

1.10.      Charges for variation, assignment or novation of a tenancy, should the Tenant request of the Landlord or Agent a variation, assignment or novation of a tenancy [the substitution of a new contract in place of an old one], the Landlord/Agent reserves the right to charge a fee that is not likely to exceed £50 but may do so. The Tenant shall be notified in writing a summary of the reasonable costs incurred.   

Prohibition of rent in advance after lease entered into (except initial rent)

In the 1988 Act, after section 4A (inserted by section 1 of this Act) insert—
“4BAssured tenancy: prohibition of rent in advance (except initial rent)

(1)Terms of an assured tenancy which provide for when rent is due are of no effect so far as they provide for rent to be due in advance.

(2)But subsection (1) does not apply—

(a)to a tenancy entered into before the commencement date (which has the same meaning as in section 146(3) of the Renters’ Rights Act 2025),

(b)to an excepted tenancy, or

(c)to terms of any other assured tenancy so far as they provide for initial rent to be due during the permitted pre-tenancy period.

(3)Where terms of an assured tenancy providing for when the rent for a rent period is due are of no effect by virtue of this section, the tenancy has effect as if it provided for the rent for that rent period to be due on the substitute rent day for that rent period.

(4)In a case where the terms of the tenancy (after taking account of section 4A) are such that—

(a)one or more of the periods of the tenancy will be compliant rent periods, and

(b)the compliant rent periods have a regular pattern,

the regular rent day which falls during a rent period is the “substitute rent day” for the rent period.

(5)In any other case, the first day of a rent period is the “substitute rent day” for the rent period.

(6)The compliant rent periods of a tenancy “have a regular pattern” if those periods meet the following two conditions—

(a)all of the compliant rent periods will be the same length (and, for this purpose, all periods of one month are the same length);

(b)the rent for all of the compliant periods will be due—

(i)on the same day during each of the periods (such as the same day of the week in a weekly period or the same date in the month in a monthly period), or

(ii)on the same description of day during each of the periods (such as the last day, or first weekday, of a period);

and that day, or day of that description, is the “regular rent day”.

(7)The condition in subsection (6)(a) is met even if the first period of the tenancy is of a different length from all the other compliant periods; and, in such a case, the condition in subsection (6)(b) is met even if the rent for the first period of the tenancy is due on a different day, or description of day, from all the other compliant periods.

(8)For provision enabling a holding deposit to be used to pay initial rent due during the permitted pre-tenancy period, see Schedule 2 to the Tenant Fees Act 2019.

(9)The Secretary of State may, by regulations, amend this section for the purpose of making provision about the descriptions of rent due in advance to which subsection (1) does not apply.

(10)Regulations under subsection (9)—

(a)may make different provision for different purposes;

(b)are to be made by statutory instrument.

(11)A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(12)In this paragraph—

    “compliant rent period”: a rent period is a compliant rent period if the rent for the period is due during the period — and, in determining this, the effect of this section on when rent is due must be disregarded;

    “due in advance”, in relation to rent, means due before the rent period for which it is payable;

    “excepted tenancy” means—
    (a)

    an assured tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) if the landlord is a private registered provider of social housing;
    (b)

    an assured tenancy granted pursuant to Part 7 of the Housing Act 1996 (homelessness);

    “initial rent” means rent that is payable for—
    (a)

    the first rent period, or
    (b)

    any later rent period which ends during the initial 28 day period;

    and here “initial 28 day period” means the period of 28 days beginning with the first day of the first rent period;

    “permitted pre-tenancy period” means the period that—
    (a)

    begins when the tenancy is entered into, and
    (b)

    ends with the day before the first day of the tenancy;

    “regular rent day” has the meaning given in subsection (6)(b);

    “rent period” means a period for which rent is payable under the assured tenancy;

    “substitute rent day” means the day determined in accordance with subsection (4) or (5).”