Tenant request alternative payment date.

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    Tenant request alternative payment date.

    My tenant has been paying rent to me for six years. The last four years he was on benefits (Tax Credit). I kept him on, even though the council paid rent a month in arrears. Last year he stopped paying rent, which led me to instuct Solicitors in view of issuing a S21.

    The tenant is now fully employed and normally he would pay rent on the second day of the month, but he wants to pay on the 5th day of the month, when he gets paid.

    I have no problem with this, but what are the legal implications?

    He has already mentioned he is considering quitting the property this year. I have asked for his employers details. Can I assume he legally does it have to give them to me?

    I have a strained relationship with him.

    Thank you in advance!

    #2
    He doesn't have to give you are more information about himself or his employer: What would you say he is wanted your employer's/pension details?

    If he has no arrears I would verbally agree to a change of payment date, but stress the contractual terms remain. (You don;t want anything in writing possibly implying a new tenancy).

    If he's in arrears issue s8. An s8g10 may be issued if only 1p is underpaid.(I fear I am rather extreme in this view). But don;t evict that way.

    Are you sure the s21 you paid for was valid? See
    https://markprichard.co.uk/content/d...ecker-tool.pdf
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      I have a tenant that signed the AST to pay on the 4th of every month but he requested to pay early (the 30th) because that’s when he gets paid.
      No skin off my nose...

      Comment


        #4
        Hi,

        thank you you for your prompt reply.

        Over the years the tenant has used the home to run an Eletrical business contravening his T/A. I have turned a blind eye to it.

        The only reason I was seeking his employment details was if he moved out without giving any details I could trace him.

        When the tenant pays late I normally record that on his receipt. Should I continue to do this?

        thanks

        Comment


          #5
          Receipt? Cash? Why not bank transfer? - then no need for paperwork

          ​​​​
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            you mean that the paperwork is then generated automatically... still need paperwork just in case!

            Comment


              #7
              Originally posted by FRESH View Post
              The tenant is now fully employed and normally he would pay rent on the second day of the month, but he wants to pay on the 5th day of the month, when he gets paid.

              I have no problem with this, but what are the legal implications?
              Don't change any paperwork or agree a different date - just let the tenant pay three days "late" each month.

              Paying rent when the tenant gets paid makes it more likely that rent will be paid, and three days is neither here nor there.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                I agree with JP - however if you are concerned work out the daily rent then get him to pay an additional amount the first month, that may though legally change his 'rent due day' for issue of notices, but I don't see why it should, it would also mean of course that his final months rent would be the same number of days less, I don't know whether its worth putting it all in writing and get it signed - its just an agreed variation of one clause in the tenancy agreement after all !

                Comment


                  #9
                  Originally posted by MisterB View Post
                  I agree with JP - however if you are concerned work out the daily rent then get him to pay an additional amount the first month, that may though legally change his 'rent due day' for issue of notices, but I don't see why it should, it would also mean of course that his final months rent would be the same number of days less, I don't know whether its worth putting it all in writing and get it signed - its just an agreed variation of one clause in the tenancy agreement after all !
                  Disagree. Offering a get-out on dates/terms/new-tenancy should you ever wish to evict. Risk not worth the minor reward
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    I agree, just accept rent 3 days late.

                    Comment

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