Judge declaring anything in advance as a DEPOSIT?

I think the term you are looking for is setting a precedent

Whether or not money taken in advance is (or should be) treated as a deposit will depend on the wording of the agreement.

There is no rule against a rent period that is not monthly (e.g. 6 monthly or annually); the issue is over poorly drafted agreements where the landlord, for example, refers to a monthly rent, then asks for 6 months up front. That’s different than referencing a 6 monthly rent in the agreement. In the former case, there is a risk that a Court would treat the payment as a deposit.

What I don’t get in your scenario (which does lack a bit of clarity) is why you wouldn’t expect to pay for the first and last month. If you have been in a proeprty for 12 months (just for example), have you paid 12 months of rent? It’s amazing how many tenants get confused by this and wonder what happened to their first month’s rent in advance! Well, it covered the month’s occupation.

Sounds very like a deposit to me. Pay it to the deposit protection service before any hearing and you are covered, otherwise you may have to pay back 3 times the amount. The delay wont matter once it’s paid in.

I was the original test case for this (Piggott v Slaven) and whilst at the time the Judge ruled that anything over and above the contractual rent due shall be deemed a deposit, I believe this was later determined to not be the case. These are only County Court Judges and so I don’t think any of it is binding. From that that moment (2006/07) I have only ever taken the rent due and a home owning guarantor.

I’m not sure why you’re still asking this question when you’ve already received multiple replies on several other forums.

Reply to the comment left by David Houghton at 17/10/2022 – 12:23
But remember a deposit cannot exceed 5 weeks rent.
The essential thing is to read the tenancy agreement.

Reply to the comment left by Graham Bowcock at 17/10/2022 – 13:40
Yes – I suspect we are about to see a wholesale change in renting criteria. Given the fact that s21 is likely to go at some point and eviction notice is being extended up to 6 months, then any landlord is going to require a guarantor who is a home owner with good equity – although it is more likey that some Landlords will require bank guarantors, not just for the initial term but ongoing and then tenants will find it more difficult to rent as the banks will want deposits too against the guarantees. When will government learn that landlords need certainty and the more they make it difficult to eviict problem tenants, the more costs they will add to tenants….and until they create a tenancy division in the County Court where things don’t take 2 years to evict, ……

Reply to the comment left by David at 17/10/2022 – 12:58
Going through, replying to them now. When praying for a enlightenment, one casts a wide net 🙂 Thank you.

Reply to the comment left by David Houghton at 17/10/2022 – 12:23
Thank you. It may be too late to relent and pay money to Protection Service, as there has been two hearings already, one cancelled minutes before due to a flooded roof
and second in which Judge wouldn’t hear proof and gave Tenants who arrived last minute, 6 weeks more in the property, in order to counter sue. One being REPAIRS needed after they refused access for over a year and the DEPOSIT issue.

Reply to the comment left by N Locksley at 17/10/2022 – 15:05
I will neveer be a Landlord again!