Q. I understand that new rules under the Renters Rights Act provide that the only rent I can charge in advance of the tenancy start is one month’s rent after the tenancy agreement has been signed. Can I make the tenancy conditional upon the tenant paying the one month’s rent in advance?

A. This is one of the many things where we do not have a clear answer. I think it is likely that such a clause might be valid, but some people think it might not. The only way we can be sure is after it has been decided in the courts. But you won’t want the person who tests it to be you!

Say, for example, you have such a clause in your tenancy agreement and the named tenant (let’s call him Mr A) refuses to pay any rent until he has been given the keys and moved in. Say you refuse to hand over the keys, saying that he is in breach of the conditional clause and that therefore the tenancy cannot take effect.

Suppose then that despite his best efforts, the only property Mr A can find is at a higher rent. Suppose he then (perhaps with the help of a tenant’s organisation) issues proceedings for the difference between the rent he is paying and the rent in the tenancy agreement with you by way of compensation for your alleged breach of contract.