Payment date versus Tenancy term

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  • Payment date versus Tenancy term

    Does changing the date of payment automatically change the term of the tenancy agreement, or is it irrelevant?

    Eg. I have a tenant who moved in on the 20th and wanted to move the payment date to the 1st. She paid 10 days payment to move the date, but I wanted to confirm whether this affected the term of the agreement (for future Notices) or whether the Term simply remains as per the original Tenancy Agreement?

    Thanks for any advice/clarification.

  • #2
    It's irrelevant.

    Just make sure you remember the date of the tenancy actually starts/ends so that you can serve the correct and not a faulty notice.
    [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]

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    • #3
      When I had a similar request from a tenant I replied by email...
      Rent is due xxth of the month and that will remain the contractually due date, but I understand it would be more convenient for you to deposit money on yyth of the month so please go ahead .......................
      Dunno if that would stand up in court, but seemed sensible thing to do at the time (nice & good tenants are always worth being helpful to...)

      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...

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      • #4
        Originally posted by ngriffiths View Post
        Does changing the date of payment automatically change the term of the tenancy agreement
        No.

        Eg. I have a tenant who moved in on the 20th and wanted to move the payment date to the 1st. She paid 10 days payment to move the date, but I wanted to confirm whether this affected the term of the agreement (for future Notices) or whether the Term simply remains as per the original Tenancy Agreement?
        The Term remains as per the original contract. The date that rent is payable or paid is irrelevant in terms of the length of the fixed term. It's also irrelevant in terms of a s.21 notice.

        If the tenancy becomes periodic after fixed term expiry, and you want to serve a notice under s.21(4)(a) then the notice must expire at the end of a tenancy period, not a rental period.

        Note, however, although you now have an informal arrangement for the T to pay rent on the 1st of the month, in law it remains payable on the 20th. So if you ever need to serve notice under s.8, the 20th is the date that rent is lawfully due and the date to go by for the purposes of ground 8 schedule 2 Housing Act 1988.

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