Tenancy swap

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    Tenancy swap

    Hi all,

    I am a landlord of a flat and I have recently received from my tenants a tenancy swap request, which I have accepted.

    The old contract started on the 10th of June with the payment date set on the 10th of each month. The contract end date was also set on the 9th of June, 12 months after the start date.

    The new replacement tenant moves in tomorrow, the 21st March. The start date of the new contract is today, the payment date on the 21st of each month, and the end date on the 20th March 2021, 12 months after the start date.

    The contract has been signed, however, the tenants have now requested to keep the payment date as per the previous contract, on the 10th of each month. I have asked the agent to update the contract with a starting date set for the 21st of this month, an end date set for the 9th March 2021 and the payment date set for the 10th of each month starting from April.
    The agent told me that this wasn't possible as it needs to be demonstrated that the landlord does not loose any rental income, so we can't have a contract starting on x date and a the first payment date set for x days later.

    I have been advised to keep the contract as it is, so, start date the 21st, payment date the the 21st of each month and the end date the 20th March 2021. However the payment will effectively take place on the 10th of each month.

    Is there any implication I should be aware of?

    Thank you so much for your help.





    #2
    That sounds like a sensible outcome - it's always complicated when the rental due dates are not in sync with the rental period dates.

    I'm a bit confused how the previous tenancy was brought to an end (and on such an odd date), but if you and all the tenants involved are comfortable with it...
    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).

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      #3
      Hi jpkeates, thanks for getting back.

      What do you mean when you say: how the previous tenancy was brought to an end (and on such an odd date)?

      The existing and new tenant have signed a tenancy swap document where they state they are happy with the condition of the property in comparison to the condition of the property as stated on the check-in report.
      If they are not happy, then they must agree a deduction amount from the vacating tenant’s deposit share.
      So effectively the check-out inventory has been brought forward to the new contract.

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