Changing Rent Day?

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    Changing Rent Day?

    A tenant has asked if she can change her rent day by 10 days to coincide with her payday. Her rent day is the 8th and she wants to change it to the 18th.
    She proposes making payment tomorrow of the dates 8th to 18th plus one month (so rent will be paid tomorrow up to 18 July).

    I have no objection other than I seem to remember reading somewhere that this should not be allowed because it conflicts with the rent date in the tenancy agreement and could incur some legal issue (I don't remember what!). Is there actually any reason not to agree to it or am I imagining it?

    #2
    Is she still in the fixed term of an AST, or is it now periodic?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      She is still in the fixed term (she moved in last month)

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        #4
        Simple answer is don't do it. You will creating convolutions. If you like, simply state VERBALLY to tenant that you will turn a blind eye to rent being paid up to 10 days late, but the first time it is any later than this the privilege will be revoked. The tenancy start date and monthly start date remain as they were.

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          #5
          Alt. suggest to T she saves 10 days rent from next salary, so rent can be paid in full on due AST date. Not much diff to what she is proposing to offer but impress on her that if you accept her offer, rent due date WILL NOT change

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            #6
            Changing dates can create problems; best not to do it. Go for mariner's suggestion.

            KEEP THINGS SIMPLE

            Type the above in red and 96 point and stick it on your lavatory door.

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              #7
              I'd go with Mr Dodd.

              Who gets paid monthly on the 18th?
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                #8
                Over the past 20 years, since I stopped working in a weekly paid job, I've been paid on the 15th, the 21st (at three different law firms in two cities, strangely enough), the 24th, the 25th, the 27th (current), the 28th and "the last working day" (which was a pain in the bum). You've got to pick a date, why not the 18th.? It does have the bonus of being early enough that Christmas doesn't interfere (and you don't have the annoyingly long wait until the end of January which you do if you pay later in the month - and even more so if December's pay is brought forward.

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                  #9
                  Thanks all for your replies.

                  Would it work if I accepted her extra 10 days payment (so that she is paid up until 18 July) and accept rent every 18th of the month but not put anything in writing except to tell her the rent is legally due on the 8th as per the AST? I would also tell her verbally that I will allow her to make the rent payments this way but make her aware that legally the rent is due on the 8th.

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                    #10
                    I can see why that's appealing, but it is really changing the rent day and trying not to formalise it.
                    Which is where things start to unravel.

                    Provided you don't need the rent on a specific day to pay a mortgage for example, either you can afford to do what the tenant wants or not, really.
                    If, as long as you get 12 rent payments a year, all is well, the specific day you receive July's rent doesn't really matter.
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                      #11
                      Originally posted by jpkeates View Post
                      I can see why that's appealing, but it is really changing the rent day and trying not to formalise it.
                      Either you agree to the change or you don't.
                      Trying to agree to it but without leaving any trace that you have agreed to it is not a good practice, IMHO.

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                        #12
                        Originally posted by jjlandlord View Post
                        Either you agree to the change or you don't.
                        Trying to agree to it but without leaving any trace that you have agreed to it is not a good practice, IMHO.
                        Agreed.

                        The question of changing rent days seems to come up regularly. Landlords could avoid it (apart from where the tenant changes jobs) by actually asking tenants on what day of the month they prefer to pay and sorting it all out at the start of the tenancy.

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                          #13
                          Originally posted by Lawcruncher View Post
                          The question of changing rent days seems to come up regularly. Landlords could avoid it (apart from where the tenant changes jobs) by actually asking tenants on what day of the month they prefer to pay and sorting it all out at the start of the tenancy.
                          I come to the same conclusion each time the subject comes up, and then never think of it each time a new tenant moves in.

                          I agreed to a date change once, with an interim "bridging" payment.
                          Never again, when the tenant served notice it was impossible to be sure if it was valid or if, assuming we accepted it, we might end up owning them money.
                          In the event it didn't come up as an issue, but had relations broken down, we'd have been a less than ideal place.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                            #14
                            In the days before the HA 1988 it was almost always the case that the rent periods and tenancy periods of a periodic tenancy coincided even though it was not and is still not a requirement. Because it usually was the case the belief persists that tenancy periods must follow rent periods. It can be difficult to persuade people that it is entirely possible for rent periods and tenancy periods not to coincide.

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                              #15
                              Just an update to say I decided to tell the tenant she could not change the rent day. Thanks for all the advice.

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