Changing the Rent Payment Date on SPT

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    Changing the Rent Payment Date on SPT

    One of my tenant's circumstances have changed and I have been asked whether the rent could be paid regularly one week later than the tenancy provides (and the tenant has offered to pay an additional week's rent).

    It's a SPT (following on from a fixed term). Should I consider any formal variation of the tenancy agreement, or just allow an informal arrangement?

    #2
    Agree informally only verbally. Anything formal in writing you might/probably would change dates for eviction notices and when in arrears by how much
    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


      #3
      I agree. Just give verbal consent. Its no biggie.

      I wouldn't have thought that there is a need for an extra week's rent either as the dates that the rent covers will not change, its just that by agreement, the payment date will be later.

      Comment


        #4
        The only reason I can think of to make some more formal arrangement is for the avoidance of doubt when the tenancy eventually ends. If notice is given by reference to the revised payment date (which is quite probable) then proper notice will not have been given under the tenancy agreement, although I suppose it is open to me to accept it, anyway, but there may be an issue of apportioning or refunding rent paid for a week after it was formally due.

        However, it seems only fair that the tenant should make a 5-week rent payment on changeover: why should I accept rent partly in arrear, when the agreement requires it to be paid in advance?

        Comment


          #5
          Changing the rent payment, formally or informally, shouldn't change the periods of the tenancy. That was deteremined when the periodic tenancy arose. I don't see how you can change the period dates without granting a new periodic tenancy.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          Comment


            #6
            I'd simply accept that rent which continues to be due on date x, is paid on date x plus 7.
            No adjustment for the five week month.

            Rent is often not pain on the due date (banks don't process standing orders over a weekend or bank holiday) so two or three days isn't an issue.

            Unless there's a mortgage payment specifically linked to the rent date, changing due dates or periods is a pain and a complication that's way more costly than a weeks cash flow.
            Most rent due dates tend to be pretty random, in any case.
            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


              #7
              When I have done this, I have written agreement that rent will not be considered overdue if it is paid within X days of the due date, but if it should become overdue then interest may be charged from the due date. I do not say "rent due date has changed".

              I have done this when rent due date fell shortly before tenant's monthly pay date, to allow payment after pay day.

              In your case, I would put in 9 or 10 days, to allow for weekends and bank holiday weekends.

              Comment

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