AST agreement, if due date different from tenancy start

[room9]

Hi all

I am using the Gov.uk draft AST agreement for a new tenant to sign.

I notice it says - the first payment is due on _____

And then the further payments are made on ___ of each month.

The question is - say if the first rent due date/tenancy start date was on 10th of the month (i.e. the deposit + first month rent) before they get possession. Then they request payments go out on end of each month.

How would you deal with this discrepancy between the two date?

[jpkeates]

The first rent due date is the start date of the tenancy, payment date and due date are not the same thing.
Keep it simple.

Explain to the tenant that you need cleared funds in your account before you will give them possession - how far in advance they need ti start the process is up to them.

[room9]

Thank you for your message jpkeates.

My thought is, if they make first rent due+deposit on the 10th - that covers them from 10th --> 9th

Then if they they want to pay end of each month rent, So they have paid twice in one month?

Hope I make sense!

[jpkeates]

If the tenancy starts on 10th of July, with rent a month in advance, they pay on 10th July (for 10 July to 9 August) and then on 10th August and so on.

If they want to pay at the end of the month (which people do), start the tenancy on 28th of the month (so there's always a rent due day in the month).

Don't mess around with part months, that way madness lies.

[DPT57]

My thought is, if they make first rent due+deposit on the 10th - that covers them from 10th --> 9th

Then if they they want to pay end of each month rent, So they have paid twice in one month?

Yes they would pay twice in the first month so you may need to explain that they are not paying twice for the same period and it will work in their favour at the end of the tenancy

[thesaint]

If you are happy for them to have a rent due date at the end of the month, then in your position, I would have the first(pro-rata'd) rent payment paid for the 10th - 31st July, and then further payments on the 1st of the month.