Rent late by one day – consequences?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Rent late by one day – consequences?

    I have an argument with my landlord and the letting agent about the rent and would appreciate some advice on the matter.

    The rent is due on the 1st each month. I receive my salary on the last day of the month and always pay the rent right away on the 1st at the latest.
    Three month in a row now, the letting agent sends me an email on the 1st or the 2nd to tell me that they haven’t received the rent yet. I didn’t think much of this until last month when I replied and told the agent in a very friendly manner, that they don’t have to remind me every month as I always send the rent on the 1st at the latest.

    The letting agent explained to me that the landlord insists to receive the rent by the 1st and not one day later.
    I explained that I always send the money on the day I receive my salary or the day after. The bank statements also support this.
    The reply to this was a pasted email from the landlord that if the rent is not on time in the future, I would have to face the consequences.

    What sort of consequences could I face because the rent is sometimes late by one day?

    I am aware of course that the landlord should receive the rent on the day agreed upon, but I can’t change the way of the world.

    Thanks in advance for all helpful answers!

    #2
    First of all, your personal situation is irrelevant and your obligation is to pay the rent by the 1st and not when you get your salary. That isnt the landlord's problem.

    In practice, I dont think its such a huge deal and they cant really do much to you. They can charge you interest. For a £1000 pcm rent and 3% interest, 1 day is 8p. And they can also serve you notice to terminate the tenancy at the end of the fixed term, or in 2 months if you are already in a periodic tenancy. Is it worth it for a day's lateness? Obviously not, unless the LL takes it personally. Although I'd be worried if my tenant had to wait for his salary to pay the rent, as it shows he has no savings and if he doesnt get paid, I wont be seeing any rent again.
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

    Comment


      #3
      What will more than likely happen is you get sent a Sec 21 notice.
      This is the 1st step in getting evicted. If it is processed correctly, you will be evicted.

      You paying late is not the "Way of the world" it can be rectified by you, and you alone. However silly I think it(complaining about it being a day late) is, is irrelevant.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Re-read the tenancy agreement & see EXACTLY what is says about paying rent...

        e.g. my one says...
        2.1 Payment to be made direct into Mr Artful's Bank Account, XXXXX Building Society, Sort code 01-23-45, Account number 67890123, by Standing Order to arrive in this account by the due date.
        However if yours says, say, "pay £xxx on dd/mm/yy" you could argue you've done so... Trouble is, agent & LL are p****'d off & eventually will evict you (they need no reason..).

        In your shoes, if I wished to keep living there I would ensure the £££ arrived by the date they wanted...

        How would you feel if your employer paid you, ignoring what the contract says, several days late...

        Do you want a reference for the next landlord when you move on???
        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


          #5
          I just wanted to say I have had a tenant in simliar position in their case 7 days because of their wages payment day,they are good tenants look after my property and offered to pay the 7 days to adjust the rent date ,good tenants are hard to find but I have a friend who jumps up and down if the rent is a day late,out of interest what if the rent payment day falls on a sunday do you have to pay on the friday .rent day is rent day but I wish some of my tenants were only a day late.

          Comment


            #6
            Thank for the replies so far.

            I would like to make something clear: I pay on the 1st of the month at the latest. This means the money should be on the account of the letting agent on the 1st of each month and this is also what my bank statements say.

            Here is what it says in the agreement:
            The Rent Due Date will be the 1st of each calendar month during the Term of the agreement.
            Further down it even says:
            Pay the rent on the day and in the manner specified.
            And that is exactly what I'm doing!
            The rent is on the letting agent's account on the 1st and if not, it's not my fault but the fault of the letting agent's bank.

            theartfullodger, you kind of suggested what I am being most afraid of, that they will give me a bad reference when I move out. Can they do that based on this...well...lie?

            There is nothing I'm doing wrong at all. I think the landlord is pissing off the letting agent and the letting agent tries to please his customer. I feel honestly harassed by this. Maybe I live in a different world, but where I'm from we don't send unfriendly payment reminders ON THE DUE DAY.

            Comment


              #7
              Originally posted by bertha View Post
              I just wanted to say I have had a tenant in simliar position in their case 7 days because of their wages payment day,they are good tenants look after my property and offered to pay the 7 days to adjust the rent date ,good tenants are hard to find but I have a friend who jumps up and down if the rent is a day late,out of interest what if the rent payment day falls on a sunday do you have to pay on the friday .rent day is rent day but I wish some of my tenants were only a day late.
              Hi bertha,
              Thanks for your reply.

              To answer your question. I don't think that is specified in the agreement and I also don't think it's necessary, as you can do banking 24/7 pretty much. To my knowledge, all transfers within the UK are processed on the same day.

              Comment


                #8
                I'd also worry in your case that any LL desperate for his ££££ on the day does not encourage confidence in his financial probity...[I reckon a LL should have 7-months rent as a buffeer for the odd bad 'un: you are nowhere near that/....] I think for various reasons I'd start looking for somewhere else (you don't want find LL's bank repossessing you..) but have to say I would expect most agents & LLs to expect the ££ in their account that date.

                Odd that you think transfers are same-day: (as are almost all of mine.. but I think it depends on which bank to whatever-other bank). Perhaps ask, calm & polite email, for copy of LL's bank account relevant section as you KNOW it left your bank account on time...

                Life ain't fair, s**t happens, and sending unfriendly reminders on the due-day just tells you what sort of people you are dealing with...

                Expecting agents & landlords to behave in a polite, friendly & reasonable way is an admirable ambition but one likely to lead to disappointment...,

                Cheers!
                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


                  #9
                  Originally posted by theartfullodger View Post
                  Perhaps ask, calm & polite email, for copy of LL's bank account relevant section as you KNOW it left your bank account on time...
                  The rent is paid into the letting agents account, not the landlords.
                  The OP can't KNOW it left on time.

                  If the OP sets up a standing order to reach by the 1st of each month, the bank would advise what day it should leave their account. I dare say it wouldn't be the day before it is due.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    AFAIK SOs are still processed by the cheque clearing system BACS and take 3 days to clear. DDs and SOs are taken next bank working day after due date, though often show as a pending debit on online account at weekends.
                    Most, but not all banks, now use 'faster payment' for digital and cash transfers but same day transfer is not guaranteed, depends on time of transaction.
                    It is Ts resp to ensure cleared funds reach the appointed receiving bank account 'on the due date'.
                    Solution is simple, ensure 1 month rent is avail to pay SO etc on the 27th as per CC etc.
                    Yes LL is being a bit precious over 1 day, but a recurring pattern of late payments would allow for a s8 g11 discretionary repo.
                    It may also lead the T ro think LL is happy with 1 day late, so this month I will let it slide for 1 week.

                    Comment


                      #11
                      Originally posted by thesaint View Post
                      The rent is paid into the letting agents account, not the landlords.
                      The OP can't KNOW it left on time.

                      If the OP sets up a standing order to reach by the 1st of each month, the bank would advise what day it should leave their account. I dare say it wouldn't be the day before it is due.
                      I dare say that I know.
                      My bank account is with Barclays and so is the letting agent's. This means the money is on the account within seconds. This is even stated on the Barclays website and I never saw differently:
                      Payments you make to Barclays accounts: These arrive on the same day.

                      @theartfullodger

                      We are moving out after the end of the term anyway, which is only 5 months away. However, my concern is that he can give us a bad rep and we might have trouble finding a place afterwards.

                      Comment


                        #12
                        Originally posted by malleus View Post
                        And that is exactly what I'm doing!
                        The rent is on the letting agent's account on the 1st and if not, it's not my fault but the fault of the letting agent's bank.
                        What you must do by contract is ensure that the rent is on the agent's account not later than the due date.
                        That's clearly not what you are doing.

                        And it is not the bank's fault: You are fully aware that such a payment may take up to 3 working days to reach recipient (your bank reminds you when you set up such payment) and it is your responsibility to take this into account.

                        Comment


                          #13
                          Originally posted by jjlandlord View Post
                          What you must do by contract is ensure that the rent is on the agent's account not later than the due date.
                          That's clearly not what you are doing.

                          And it is not the bank's fault: You are fully aware that such a payment may take up to 3 working days to reach recipient (your bank reminds you when you set up such payment) and it is your responsibility to take this into account.
                          Sorry for getting a bit annoyed, but you are only repeating things I already wrote in the first post and you are wrong about the 3 days. This is nonsense.
                          Some of you need to understand that this is not about the clearing cycle of a transfer, this is about how the landlord - who is acting like an idiot - could screw up my life.

                          I'm going to follow theartfullodger's advice and next time they send me a reminder I ask them to give me the dates on their statement and take it from there.

                          Comment


                            #14
                            Originally posted by malleus View Post
                            Some of you need to understand that this is not about the clearing cycle of a transfer, this is about how the landlord - who is acting like an idiot - could screw up my life.
                            And there's only one thing you need to understand: Your rent must reach recipient on the 1st of the month at the latest.
                            If it does not then it is your responsibility to fix this.
                            That's it.

                            Comment


                              #15
                              Phone Barclays and complain that your transfers are not arriving on time - see what they say.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X