Is Rent Due Date On Tenancy Agreement Legally Enforceable

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    Is Rent Due Date On Tenancy Agreement Legally Enforceable

    I rent my property via a Letting Agency under a Shorthold Tenancy Agreement The current tenancy agreement with the tenants states 12th of every month as the due date for rent. Every month since this tenancy started (9 months ago), the tenant pays the rent in 2 separate amounts each month which, whilst frustrating & additional paperwork, is not breaking any contractual terms, however these payments consistently come after the 12th of each month, which does break the contractual monthly due date.
    My question is whether the rent due date is legally enforceable if if the tenant does actually end up paying rent in full during the remainder of the rental month?
    P.S. I have asked this question to my Letting Agency, but they have not replied, even after 2 times of asking!

    #2
    Yes, issue 1988 Housing Act s8g10 & 11 notice for rent late and late persistently. But no judge will evict for that.

    If you wish to evict s21 more effective.

    Presumably you will grant no reference or only a full, honest one, and instruct your agent (who works for you) likewise?

    What additional paperwork does his annoying habit entail, please?

    Since to be a lettings agent in England requires no training, no qualifications no criminal records check their lack of response is not a surprise.
    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
      Thank you for quick response. Good to know the relevant parts of the legislation.
      The Letting Agency is one of the biggest agents in the UK, but seems to not to want to tackle (many) issues I have with the tenant head on.
      I am an overseas landlord which makes it harder to deal with things first hand.
      Thanks again for feedback.

      Comment


        #4
        Be aware that if tenant pays rent to the agent on the 11th, it will take a while for the agent to transfer funds to you.
        If he pays at 3 pm on a Friday the 12th, don't expect transfer into your bank account till 16th.

        Always allow a week for funds to transfer, AND agents don't magically have someone employed to watch the bank account 8 hours a day, nor weekends to see rent coming in.

        Comment


          #5
          The rent is due when the tenancy agreement says it's due.
          Like any debt, when it's paid isn't necessarily the same thing, most rent paid by standing order isn't transferred over weekends or bank holidays, for example.

          Personally, I'd be happy with the arrangement, because the amount of additional work is tiny, and I'd be happy to see someone paying the rent and making sure it's paid regularly.
          If they're sending the money out of the UK, I'm surprised the agent aren't moaning about having to deduct the tax and report twice as many transactions as they'd normally expect.
          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


            #6
            Also note, from the experts...
            https://england.shelter.org.uk/profe...ayment_of_rent

            General points


            Rent becomes due on the morning of the day specified for payment in the lease or tenancy agreement, but is not overdue and the landlord does not have cause of action, until midnight on that day.[1] Rent can be payable on a Sunday, but where the rent due day falls on a bank holiday, it will not be payable until the following day.[2]

            Payment in arrears or advance?


            Rent is payable in arrears, unless specified otherwise in the tenancy agreement. etc etc etc
            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


              #7
              What does your tenancy agreement say about rent payment? Mine all specify standing order.

              Instruct your letting agent to get your tenant to set one up.

              Otherwise I predict payments will become more erratic and arrears will build up.

              Comment


                #8
                Originally posted by jpkeates View Post
                If they're sending the money out of the UK, I'm surprised the agent aren't moaning about having to deduct the tax and report twice as many transactions as they'd normally expect.
                Any semi-competent letting agent would insist on a NRL1;

                https://www.gov.uk/government/public...dividuals-nrl1

                Comment


                  #9
                  Originally posted by boletus View Post
                  Any semi-competent letting agent would insist on a NRL1;
                  It's not always an option - that's an application, to which HMRC can say no.
                  And their policies are changing to getting tax paid earlier all the time.

                  I have no idea how to find out how many people use which mechanism though.
                  I know it's work my agent does, so it's more than none.
                  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


                    #10
                    Originally posted by jpkeates View Post
                    It's not always an option - that's an application, to which HMRC can say no.
                    They'd need a very good valid reason for doing so.

                    I worked overseas for 10 years, mixing with a lot of UK landlords and letting agents and never heard of HMRC saying no to anyone. It's a formality.

                    Comment


                      #11
                      Originally posted by boletus View Post
                      I worked overseas for 10 years, mixing with a lot of UK landlords and letting agents and never heard of HMRC saying no to anyone. It's a formality.
                      Fair enough, I have no contrary experience.

                      I'm mildly surprised, though, 6 month's tax paid in advance with someone having to complete a SA to get some of it back sounds like something HMRC would be all over.
                      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


                        #12
                        Originally posted by jpkeates View Post
                        6 month's tax paid in advance with someone having to complete a SA to get some of it back sounds like something HMRC would be all over.
                        They'd have to justify doing it, just wanting a bung upfront wouldn't be a good enough reason.

                        Even if they could, on a practical level, most overseas landlords only have a single property, often an ex PPR which barely washes its face. All the tax refunds would be a lot of faff for little reward.

                        Landlords filling out an NRL1 are unlikely to be those trying to evade tax.

                        Comment


                          #13
                          Originally posted by boletus View Post
                          They'd have to justify doing it, just wanting a bung upfront wouldn't be a good enough reason.
                          Lol, look how much justification it took for us to be all paying tax in advance on account.
                          Landlords filling out an NRL1 are unlikely to be those trying to evade tax.
                          Good point.
                          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


                            #14
                            Back to the original post -

                            I get "miffed" when one of my tenants always emails to say his rent is due on a weekend so he'll pay on the Monday lol. All other tenants just pay on the Friday without issue as the rent is "due by x date".

                            Am I going to get upset about a few days "lateness" - of course not - my primary concern is that it gets paid and "half-rent" every 2 weeks wouldn't cause any major headaches.

                            However, in the back of my mind, I have that seed planted that this tenant "could" be an issue later on so I am extra careful that everything is done by the book (well I do anyway, but triple-check on this one).

                            Anyway, I'd rather have half the rent two weeks late than all of the rent 6 months late.
                            My views are my own - you may not agree with them. I tend say things as I see them and I don't do "political correctness". Just because we may not agree you can still buy me a pint lol

                            Comment


                              #15
                              Originally posted by jpkeates View Post
                              Lol, look how much justification it took for us to be all paying tax in advance on account.
                              Ha! Ha! True but that is within the BIM rules, they can't arbitrarily make it up.

                              Comment

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