Evicting a tenant who has paid in advance
We are considering taking on an overseas student who has no guarantor but who is willing to pay 3 months in advance on a 9 month tenancy. So we will have month 1 paid up front as usual, as well as months 8 and 9, with monthly payments starting from month 2.
My question is what happens if they fail to pay month 2 rent onwards? Can I start eviction procedures as soon as months 2 and 3 are overdue or am I prevented from doing this because of the 2 months advance payments covering the end of the tenancy? I would like to understand how payments of rent in advance affect my eviction rights. Does it depend upon how I write these into the tenancy agreement?
It has been suggested to me that such payments in advance could be considered deposits that need protecting. However, some agents use this for overseas students who have no guarantor so I am wondering now if the rules are changing or if there is recent case law.
Thanks for any help and advice.
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