Can tenancy start before first 'rent due' date?

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    Can tenancy start before first 'rent due' date?

    Hi there

    My tenant is moving in on the 23rd August but wants to pay an extra 4 days so his rent becomes due on the 28th of each month as this when he is paid each month.

    I have no problem with this but will this cause any problem with dates if I need to serve notice on him or vice versa.

    Would notice be served on the tenancy start date or the rent due date? Is there anything I need to be cautious of with doing this?

    Any advice appreciated.

    Many thanks

    J

    #2
    Are you collecting from him (in advance of his arrival/entry) a deposit [how much?] plus any rent at all?
    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


      #3
      He is paying a month and half deposit, one months rent plus the extra 4 days rent which will take him to the 28th September

      Comment


        #4
        Oops!

        Apologies as I didn't make my original message very clear (it was late when I posted it!)

        My tenant is moving in on the 23rd August where he will pay one months rent, month and half deposit and extra 4 days rent so that he can pay from the 28th of next month and every month thereafter.

        What dates should be used if he or I should ever need to serve notice?

        Many thanks

        J

        Comment


          #5
          If we assume (for the sake of example) a six-month AST @ £y per month, it works like this:

          1. Term runs 230810 to 220211.

          2. Rent falls due:
          a. on 230810, apportioned for five days (230810-270810)= 5 x 12y divided by 365;
          b. on 280810= £y;
          c/d/e/f. ditto each of the next four months; and
          g. on 280111, apportioned for twenty-five days (280111-220211)= 26 x 12y divided by 365.

          3. Ensure that the Letting Agreement contains an apportionment clause re first and last rents.

          4. If T then stays on a monthly SPT, beginning on 230211, the cycle continues.
          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


            #6
            Why not allow him to pay 4 days late?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Originally posted by tinkerbel01 View Post
              My tenant is moving in on the 23rd August where he will pay one months rent, month and half deposit and extra 4 days rent so that he can pay from the 28th of next month and every month thereafter.
              23rd - 27th August inclusive is five extra days.

              What dates should be used if he or I should ever need to serve notice?
              If you are referring to a s.21(4)(a) notice served in a periodic AST, then the rental periods start the day after the last day of the fixed term, e.g. if term is 23rd August 2010 to 22nd August 2011, then the periods would run 23rd -22nd of the month, and the notice would have to expire on the 22nd of the month. The date the rent falls due is irrelevant.

              Comment


                #8
                Thank you

                for all your responses, really helpful. This site is so informative. Really is fantastic.
                Thanks again
                J

                Comment

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