Varying the AST payment date.

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    Varying the AST payment date.

    I'm creating my first AST and I'm using the on-line AST generator on the NLA website, however the tenant has requested that they pay on the 1st of the month, but they are taking the property on from the 29th, so the AST generator sets it for the 29th monthly. Also the tenant has given me 2 months rent in advance so doesn't want to pay until end of Jan early Feb.

    How do I cover these off in the AST? The generated AST says the next payment is due on the 29th December.
    I want to use the NLA headed AST as it ensures a level of quality.
    So can I create a letter which we both sign which amends the AST to say I'll accept payment on the 1st of every month? Or do I just ignore that it says the 29th but I accept payment on the 1st.

    #2
    Do NOT generate a tenancy starting on 29th with payment on 29th. Think what happens usually on 28th Feb?? Tenant may think no rent due until 29th March!!! (I have a tenant who has this situation but thankfully hasn't twigged yet....). I'm not sure what would happened if he didn't pay & then was taken to court....

    Nothing to stop you having a tenancy start/repeat date of (say..) 27th of month by rent due 1st month.

    If you do start tenancy on 29th I guess (?? someone cleverer than me comment??) you should cover what happens in February...

    Why not ask NLA & make them work for their money??(I resigned ...)
    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
      Originally posted by theartfullodger View Post
      Do NOT generate a tenancy starting on 29th with payment on 29th. Think what happens usually on 28th Feb?? Tenant may think no rent due until 29th March!!! (I have a tenant who has this situation but thankfully hasn't twigged yet....). I'm not sure what would happened if he didn't pay & then was taken to court....

      Nothing to stop you having a tenancy start/repeat date of (say..) 27th of month by rent due 1st month.

      Why not ask NLA & make them work for their money??(I resigned ...)
      Really!? Surely common sense applies if it ever needs to come to court??

      Comment


        #4
        Originally posted by Kwaka View Post
        Really!? Surely common sense applies if it ever needs to come to court??
        Courts..........common sense? Still chuckling.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          Originally posted by Kwaka View Post
          Really!? Surely common sense applies if it ever needs to come to court??
          Now now, if that were the case think of all the lawyers & legal staff who'd be out of a job!!!
          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


            #6
            So hang on chaps... so you're seriously telling me that ALL tenancy agreements started on a 29, 30, 31 mean that are legally unenforceable for Feb payments if a tenant decides not to pay and worse for those started on a 31st!

            Comment


              #7
              I (entirely legally unqualified..) am suggesting, nay stating, that I would not issue a tenancy starting 29/30/21st "just-in-case". I have seen it suggested wording such as "2 days before end of month" can be used but think that unnecessarily complex.

              I am unaware of any test case but wouldn't want to find myself as that test case...
              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


                #8
                Ok so I guess an other option for me would be to start the tenancy on the 1st of the month... but how does that affect things if they want to move in a couple of days before?
                I'm not bothered about the extra rent.

                Comment


                  #9
                  You could start athe tenancy on the 1st, and pro-rata the two extra days.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Originally posted by thesaint View Post
                    You could start athe tenancy on the 1st, and pro-rata the two extra days.
                    Ok that sounds good. How do I pro-rata that? Is there any documentation, or I just let them move in ahead of the 1st.
                    Thanks.

                    Comment


                      #11
                      I think in the case of a tenancy starting on the 29th/30th/31st the rent would fall due monthly still, just the day immediately proceeding the relevant date of the month if that date were unavailable - ie the first. A court would look at the intentions of the parties when creating the agreement... in my opinion anyway.
                      [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                      Comment

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