Overdue rent letter.

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    Overdue rent letter.

    Hi there.

    I just started a new tenancy with a private landlord through a letting agency on 26th February. I paid my deposit and first month's rent prior to moving into the house on 26th February. My next month's rent was due 26th March. I received a letter on 26th March from letting agent via email at 4pm titled "overdue rent letter #1". It went onto say our rent was overdue and stated that we were in "arrears" - referring to the one month's rent due that day.

    I was very taken a back by this. I transferred the money to the letting agent account as stated in our contract later on that day via online bank account and "faster payments" which I know goes directly into the account. I just want to clarify that I have the day of the rent due date to pay, don't I?

    I feel that letter was issued prematurely as my rent due date hadn't even passed. My worry is that they will hold this on my file and it is completely wrong as I was not late with payment and I was not in arrears.

    Sorry for the ramble, just looking for thoughts on this. Thanks in advance!

    ​​​

    #2
    Just give the agency a call and clarify with them. Its possible they had the due date on their systems as the date on which your first payment had been made as opposed to the start date on the tenancy agreement.

    Comment


      #3
      Ok, thank you for your reply. They knew the due date was the 26th March as they stated this on the bottom of the letter ;


      Rent amount: £xxx.xx


      Last due: 26 March 2020


      Total arrears: £xxx.xx


      The rent amount is what was due on that day and the arrears amount matched it.

      Comment


        #4
        If renr was payable monthly in advance on AST then next rent was payable on the 26th.
        The Agent's letter was justified IMO as an arrears warning.

        Comment


          #5
          It wasn't a warning. It was a statement that I was in arrears and the payment was overdue. In my contract it states the rent due date is the 26th day of the month. Am I not entitled to the whole day of the 26th before I am sent an overdue or arrears letter? I have rented for 13 years and never have I received an overdue or arrears letter and I have always paid my rent on the rent due date.

          Comment


            #6
            IMO the agent is wrong. Not only do you have the whole to pay but if you received it that day they must have sent it before the rent was due. Even sending by faster payments it can still a take a day or two before it appears in the receiver's account. I would ring him and clarify.

            Comment


              #7
              It seems your rent was payable by the 25th if your first tenancy day was the 26th of the month? You also cannot assume that faster payments go through within the same day. Depending on the banks/building societies involved it might be the next working day.

              Comment


                #8
                Your initial rent ran from approc 00:01 on 26th Feb to 23:59 on 25th March. By the time you were eating your cornflakes on the 26th, the rent was overdue.

                I will admit that the agent was perhaps a little 'keen' but legally everything is in order

                Comment


                  #9
                  Thanks for your replies.

                  I can confirm after speaking to another agent at the letting firm this morning that my rent was in fact due on the 26th and I had up until midnight to pay it. She also confirmed the payment I made yesterday went through to their account instantly. She apologised on behalf of her colleague for issuing the letter prematurely and stated that it would not happen again.

                  Comment


                    #10
                    Originally posted by Chiryan View Post
                    Thanks for your replies.

                    I can confirm after speaking to another agent at the letting firm this morning that my rent was in fact due on the 26th and I had up until midnight to pay it.
                    That seems unlikely if the first day of your tenancy was the 26th -- unless you had an extraordinarily badly drafted and unusual tenancy agreement. They might of course have agreed a different rent date, but a one day difference seems pointless.

                    Next time send it a couple of days before

                    Comment


                      #11
                      Excuse me, no need to be rude. I am stating the facts that I know now. My due date states the 26th. You are unhelpful and unfriendly. I do not need to explain myself to you. I asked for thoughts on it - not rude snipes.

                      You also said

                      "You also cannot assume that faster payments go through within the same day. Depending on the banks/building societies involved it might be the next working day."

                      Well, you cannot assume that I have a badly drawn up agreement or they agreed a different rent date or that my reply that I made was" unlikely" when it is fact. You are just throwing around unhelpful opinions and seem like you don't want to be wrong, but on this one you are.
                      ​​​​​
                      ​Great "Senior Member" figure you are!

                      Comment


                        #12
                        Hmmmm.. It is a straightforward fact that if your tenancy started on the 26th but your rent date is the 26th, your tenancy agreement is bizarrely drafted.

                        Comment


                          #13
                          Originally posted by AndrewDod View Post

                          Hmmmm.. It is a straightforward fact that if your tenancy started on the 26th but your rent date is the 26th, your tenancy agreement is bizarrely drafted.
                          I agree with Andrew, your tenancy periods seem to be 1 month and 1 day each as there wouldn't usually be 2 x 26th's in a month. As you can see, Andrew has contributed a lot more to help tenants via this forum than you have, so maybe a little gratitude for the time he spent trying to get to the bottom of this for you.

                          Comment


                            #14
                            I'm missing something, then.

                            If the tenancy is monthly and began on 26th February, the tenancy periods are 26th day of each month to 25th day of next month.
                            If the rent is due on the first day of the tenancy period, which seems pretty standard, that means the rent due date would be the 26th of each month.
                            It's going to be an issue at Christmas, but not normally

                            That's consistent with my own tenancy agreements.
                            If the rent is due on any date before the 26th and the tenant wished to end the tenancy, they'd have to pay rent the day before they would typically move out.

                            My guess was that the agent's communication was a mistake and that someone entered the data on the system wrong.

                            However, Chiryan, there's no need for us to be rude to each other, either.
                            This is a public forum and if you want people to only agree with your opinion, you should probably say so.
                            There was nothing in the response to which you reacted that was rude or unhelpful when I read it, and your response was inappropriate and unexpected.

                            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


                              #15
                              Originally posted by jpkeates View Post
                              I'm missing something, then.
                              I have never seen a tenancy agreement when the rent was due after a tenancy period starts. It is always on or before the day before the period (i.e. up to midnight before the period starts)

                              Comment

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