Rent due date change, loosing money

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    Rent due date change, loosing money

    Hello everybody,

    I'am living with my girlfriend in a share house. We are 10 people inside. One year ago we signed a lease for 1 year. Many of the people who were living with us left the house and some others came. Now we have to sign another lease for 1 year, so everybody can be on the lease. We use to pay the 23rd of each month. But on the new lease, the agency wants us to pay on 18th (five days earlier). As we already paid the rent on 23rd of August (the whole amount), we would have to pay 5 days earlier on September, and loose 5 days.

    We were told by the agent, that it is because of a stamp that you had to pay before if the lease contract was for one year or more, and that's why they use to do contracts for one year -1 day. But the law has changed now, so they can change the date and he can't do nothing about the 5 days. Frankly, I didn't understand anything.

    What's I want to know it's if there is any reason I should loose 5 days rent? We've paid the whole amount, so shouldn't the agent ask us for pay only 3 weeks on the November's rent?

    Please help, I don't know what to do.

    Thanks

    #2
    This sounds like nonsense.

    Ask the agent to show you on your tenancy agreement (or any other documentation which you have signed) exactly where it says you are liable to pay this extra money, and why. I don't think he will be able to. I thinnk he is trying to make some money out of you.

    You cannot be made to pay rent twice for the same period. Either it is double rent (which he is not allowed to charge) or it is a separate fee/charge for something else, which he should legally have told you about in writing before you signed the contract. If he did not, he cannot charge you for it.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      I don't remember the last year contract. The person who has a copy left the house a while ago. (I will check this with the agent) But if understood the 2008/2009 contract was from 23rd September 2008 to 18th September 2009, because if it was from 23rd to 23rd we would have to pay a stamp... But in this case I would find logic to pay just 3 weeks at the end of the contract not 4.

      On the new contract, it's from 18th to 18th, because the law has changed and there is no need to pay a stamp anymore. I don't know what kind of stamp was it or if the law really changed.

      Comment


        #4
        I have no idea what this stamp business is all about - it sounds decidedly fishy to me, but maybe has something to do with the size of the property and the annual rent? But whatever, I can see absolutely no reason why, if it's genuinely necesssary to move the rent date for whatever reason, that you can't simply be charged or re-imbursed for these intervening days by calculating a pro-rata daily rate. Seems a no-brainer to me.

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          #5
          I suppose it could be argued that rent paid in advance is not refundable except by LL's consent...but OP should not have signed a new contract if this meant the old one ended 5 days early with no reimbursement of rent.

          OP, in your place I would reduce the first (or second) month's rent by the equivalent of 5 days' worth, and refuse to pay it until he shows you the document where you agreed to pay the extra amount (if he can).

          The worst that can happen is that he can ask you to leave at the end of the 12 months but it sounds like they are a dodgy crew and you might be better off with some better agents.

          I would also inform the LL of what the agents are asking you to pay - it may be that he knows nothing about this (especially if it is a scam, as I suspect).
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            It is legally impossible for ten people jointly to hold any legal estate or interest (unless they are trustees of a charity).
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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              #7
              Originally posted by Aeron View Post
              I don't remember the last year contract. The person who has a copy left the house a while ago. (I will check this with the agent) But if understood the 2008/2009 contract was from 23rd September 2008 to 18th September 2009, because if it was from 23rd to 23rd we would have to pay a stamp... But in this case I would find logic to pay just 3 weeks at the end of the contract not 4.

              On the new contract, it's from 18th to 18th, because the law has changed and there is no need to pay a stamp anymore. I don't know what kind of stamp was it or if the law really changed.
              What 'stamp'? If L means Stamp Duty Land Tax, this does not apply in most cases. How much is total rent per year?
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment

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