Rent arrears schedule start date

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    Rent arrears schedule start date

    If a tenancy starts on the 7th July but the rent is due on the first day of every month, would I start my schedule from the 1st of July or 1st of August. Now I presumed it would be 1st of July because rent is normally taken a month in advance for the month that is about to take place. Is this right?

    I do not know a great deal about Land Lord and Tenant Law and would be grateful for any clarification.

    I have in fact started the schedule from the date that the tenant moved in, which is the 7th July, and this is how I was told to do it by my superior who is currently on leave.

    Regards.

    #2
    and then you are going to end up explaining to the court why the tenant should be liable for a rent payment a month in advance on 1st July for a tenancy that did not start until the 7th July.

    It just complicates things. Personaly, I would regard a months rent as due on 7th July, 7th August etc. and do the unpaid rent schedule like that.

    Comment


      #3
      Originally posted by davidjohnbutton View Post
      and then you are going to end up explaining to the court why the tenant should be liable for a rent payment a month in advance on 1st July for a tenancy that did not start until the 7th July.

      It just complicates things. Personaly, I would regard a months rent as due on 7th July, 7th August etc. and do the unpaid rent schedule like that.
      Well this is what I've done, just making sure

      Comment


        #4
        One more question - if the tenancy is 7 july to 30 december (ie not quite 6 months) and the rent is £450 per month, the schedule would read 'rent due - £450' for each month up until december 7, and then the december rent which is roughly 3 weeks (7-30dec) would be 450 x 12/365 = £14.79 per day x 24 days (the time up until December 30th when the tenants tenancy ends).

        Is this right?

        Thanks again!

        Comment


          #5
          If the rent is payable in advance on the first of each month, and the monthly rental period runs from the 7th to the 6th, then the rent for 7th July - 6th August, say, is due on 1st July.

          Comment


            #6
            Originally posted by dominic View Post
            If the rent is payable in advance on the first of each month, and the monthly rental period runs from the 7th to the 6th, then the rent for 7th July - 6th August, say, is due on 1st July.
            Sorry but that's inconsistent.
            If rent is due on the 1st of each month, the monthly rental period is that calendar month: not from the 7th to the 6th, as you posted.
            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


              #7
              Originally posted by brooksieking View Post
              One more question - if the tenancy is 7 july to 30 december (ie not quite 6 months) and the rent is £450 per month, the schedule would read 'rent due - £450' for each month up until december 7, and then the december rent which is roughly 3 weeks (7-30dec) would be 450 x 12/365 = £14.79 per day x 24 days (the time up until December 30th when the tenants tenancy ends).

              Is this right?

              Thanks again!
              It depends if you round up or down. I make it £355.06, whereas yours would be £354.96
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Originally posted by jeffrey View Post
                Sorry but that's inconsistent.
                If rent is due on the 1st of each month, the monthly rental period is that calendar month: not from the 7th to the 6th, as you posted.
                No!

                If the rent is due in advance on the 1st of the month, and the rental period runs from the 7th to the 6th, then this is consistent.

                It depends on the exact wording of the TA, but there is nothing to stop you agreeing that rent for a given monthly rental period must be paid on the day falling on the "1st of the month" immediately preceding that period (i.e. in advance).

                Agreed, most properly drafted agreements cater for payment on or before the first day of each monthly rental period, with the first period commencing on the first day of the lease term.

                Comment


                  #9
                  So you mean 'tenancy period', not 'rental period'.
                  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


                    #10
                    No, in lease speak (and as you know the leases I deal with from day to day aren't TAs or even connected with real property), for the purposes of paying rent the "Lease Term" (or tenancy period as you put it) is usually split up into a series of monthly "Rent Periods".

                    The first Rent Period is usually expressed to commence on the first day of the Lease Term, with each subsequent Rent Period commencing the day after the last day of the previous one.

                    In more sophisticated leases you then define a "Rent Date" which the date on which rent is payable for each Rent Period.

                    The Lessee is then obliged to pay rent on each Rent Date.

                    The relationship in time between the Rent Date and its corresponding Rental Period is then as agreed in the lease: the Rent Date for a given Rent Period could be prior to the commencement of that period, during, or after.

                    Simples.

                    Comment


                      #11
                      Understood- but it's illogical! A rental period ought to be a period from one rent day to the next.
                      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


                        #12
                        The Rent Date is usually defined as the first day of each Rent Period.

                        Comment


                          #13
                          Originally posted by dominic View Post
                          The Rent Date is usually defined as the first day of each Rent Period.
                          I agree; so that's when rent should fall due, innit?
                          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


                            #14
                            If the agreement is silent, then yes, but the OP's was not.

                            It said: 1st day of each month, in advance. The monthly period runs from the 7th to the 6th. So for it to be in advance, it needs to be paid on the 1st, prior to the commencement of that monthly period.

                            Comment

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