Free period and tenancy dates

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    #16
    I did not wish to impune HA's knowledge /background. Many people may use a screen name to impart kudos, so a reasonable Q. Mine has no relevance other than the nickname of my childhood football team when I moved to Mcr (for sympathy).

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      #17
      Originally posted by HantsAgent View Post
      IBut how should I word the tenancy? We want it to start on the 24th March, but the rent to not be due until the 17th April (and then due on the 17th of every month going forward).
      My preference is for the written agreement to cover from the start of the occupation. Any other approach seems to me to give rise to ambiguity.

      What I do is words to the effect of :
      • Agreement is for X months and Y days starting on <24 March> and ending <16 Month Year> [Y days covering 24 March to 16 April) {optionally "continuing monthly thereafter unless and until terminated in accordance with Section X, terminating the tenancy" for a contractual periodic tenancy}
      • Rent payable is £Z pcm due on 17th each month. The first payment of £Z due on signing the agreement and covering the period 24 March to 16 May.
      The first change explicitly states the duration of the tenancy.
      The second explicitly states that there is no additional charge for the extra days at the start AND that the period of the tenancy is monthly AND that the periods are 17th to 16th.


      Originally posted by HantsAgent View Post

      Thanks, to throw another spanner in the works they now want to pay a month and 15 days on 17th April to take their rent due date to the 1st June.
      DONT DO IT.
      It causes problems when tenancy ends, either amicably or acrimoniously. e.g. what is the end of a period for tenant notices?

      I would suggest one of the following:
      • State that
        • rent will not be considered in arrears if it is paid by 3rd each month.
        • Payments will be allocated to oldest debt first.
        • If there are arrears, then interest is chargeable from the due date, not the 3rd.
        • If there are arrears then the due date is the date that applies for S8 notices.
      • Agree that they will pay from 1st of April and word the tenancy agreement to make the monthly periods start 1st of month.
      • reword agreement along the lines I suggested above, but
        • Agreement is for X months and Y days starting on <24 March> and ending <last day of Month Year> [Y days covering 24 March to 31 March)
        • Rent payable is £Z pcm due on 1st each month.The first payment of £Z + £E due on signing the agreement and covering the period 24 March to 31 May. (£Z being May rent; £E being rent for 17 April to 30 April).
      In my opinion one should :
      • Make it clear that there is a monthly rental period with the rend due on the first day of each period.
      • Make it clear that the first period is longer than one month and what the payment is for that period and when it is due.
      • Make it clear when the tenancy starts and ends (be it a fixed-term tenancy or a tenancy that become contractual periodic monthly tenancy)
      • Make it clear what is agreed and what the consequences of not adhering to that agreement are if one agrees to a payment later than the due date.

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