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I am in London on a one-year assignment and looking to rent a family home before potentially buying. We are expecting to pay between £6,000 and £8,000 a month but were not expecting the landlord or letting agent to ask for the full year’s rent to be payable in one go. Is this legitimate and, if so, can we expect a six-month break clause in case our circumstances change?
Tristan Ward, a partner at the law firm BDB Pitmans, says under the current law in England and Wales, landlords may ask for rent to be paid upfront and there is no limit on how many months’ rent can be requested in advance. If a landlord is concerned that a prospective tenant may not be able or willing to pay the rent for the full tenancy, it makes sense (for a landlord) to have it all paid in advance rather than face the problem of a tenant that does not pay once they are comfortably in occupation.
From your point of view, paying all the rent in advance deprives you of the ability to withhold rent should the landlord fail to perform their obligations under the tenancy or the general law, such as repair of the structure, plumbing or central heating systems.
You can certainly try to negotiate a six-month break clause. If the landlord agrees and you still pay all the rent up front, it is essential that you include an obligation on the landlord to return rent paid in advance if you exercise the break. Without express wording in the tenancy agreement, the landlord is entitled to keep the full year’s rent, even if you only stay at the property for six months. The government’s rental rights bill, currently before Parliament, would require landlords to return rent paid in advance in some cases — we will see if that provision becomes law.
An unscrupulous landlord, however, may not return the rent paid in advance, even if the tenancy agreement requires them to do so. It will be difficult and time consuming to recover sums due, especially if the landlord is, for example, a foreign company. If you negotiate a six-month break clause but cannot obtain an obligation to pay rent monthly, we recommend that the rent is paid in two six-month tranches, so effectively you either end the tenancy after six months, or make the second payment at the six- month mark.
I’ve lost £80,000 in digital assets. Can I recover the money?
I thought I understood the blockchain and assured my wife that buying digital assets was a good way to diversify our joint assets — but now I fear we’ve been scammed. I feel like a total fool. Kicking myself won’t get the money back and I need to recover the approximately £80,000 invested. Our local police are not interested and I fear it will be hugely expensive to instruct lawyers. Can you tell me where I start the process of recovery?
Marcin Zarakowski, chief executive of Token Recovery, says blockchain technology allows for near-instant transfer of digital assets worldwide. Transactions occur peer-to-peer, without intermediaries who could stop fraudulent transactions or allow the victims to lodge a complaint. This lack of centralised oversight makes blockchain and digital assets particularly appealing to criminals.
However, every blockchain transaction is recorded on a public ledger, ensuring transparency and immutability. Contrary to common belief, blockchain transactions are not fully anonymous but pseudonymous. This means the identity behind a transaction can often be uncovered with proper tools and techniques, especially when combined with off-chain information such as Know Your Customer data from exchanges or patterns of on-chain behaviour.
As a result, criminals leave a traceable digital trail that can be used to trace them and potentially recover stolen assets. The recovery process for stolen digital assets generally involves a number of steps.
First, you should secure any remaining digital assets that haven’t been stolen. You can do this by transferring them to a new wallet or by using a secure custody provider, such as a reputable and licensed cryptocurrency exchange or broker.
Our next question
My husband and I separated a few years ago. A key aspect of our divorce was agreeing how the education for our twin girls would be paid for. A school fees order was set up, to which my ex-husband contributes significantly, but he claims that with 20 per cent VAT, which the independent school has said will be added, he cannot afford his share. I am desperate to avoid disruption to my children’s education. Is there anything I can do?
Next, you need to report the scam to law enforcement. Though local police may not always act quickly or have the necessary expertise in digital scams, making an official report is a crucial step. This creates a record of the crime and could help in broader investigations that target organised cybercriminals.
The goal is to trace and freeze the stolen funds before they are converted to fiat currency (government-backed money) through centralised service providers, such as exchanges. Private blockchain investigators can assist law enforcement or support civil actions aimed at obtaining freezing orders or other legal remedies.
Once the assets are frozen, legal steps must be taken to recover them. Depending on the jurisdiction and the chosen strategy, this could involve working with law enforcement or pursuing civil court actions. Lawyers and asset recovery specialists can help enforce these legal remedies and reclaim the stolen assets.
The opinions in this column are intended for general information purposes only and should not be used as a substitute for professional advice. The Financial Times Ltd and the authors are not responsible for any direct or indirect result arising from any reliance placed on replies, including any loss, and exclude liability to the full extent.
Do you have a financial dilemma that you’d like FT Money’s team of professional experts to look into? Email your problem in confidence to money@ft.com.
https://www.ft.com/content/3be54b3b-566e-43fa-afc5-933ec0e215b9
