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redex
01-02-2009, 20:34 PM
We pay our rent calendar monthly, £750.

We took the tenancy and moved in on the 24th of the month, 20 months ago.

The rent was always paid to ensure the LL received it about the 24th although there was never anything in the tenancy agreement to say this, just that the amount of £750 was due monthly.

I changed my pay date from the 15th to the last day of the month, requested from the LL that the rent be paid on the day ie leave my account on pay day.
LL agreed and said we owed £173 being the amount due between 24th & 31st, said they would do this as a gesture of goodwill. We duly paid the amount and changed the payment date. We received a very abrupt letter on the 2nd of the month to say the rent was late, they had just received it in their account and that it was unacceptable, they obviously thought we meant for them to receive it by the last day.
I said this was impossible and reverted back to the old date, the 173 was refunded. However 6 months after that we found this a problem and once again explained the situation and changed the date, but LL said we still owe the 173 either now if we could afford it or at the end of tenancy.
Unfortunately end of tenancy has come sooner than we anticipated - thats another story, we have given notice, LL is now demanding this 173 be paid with the last months rent in advance, not exactly at the end of tenancy.

Is it legal/ethical to charge this amount for changing the pay date and can we not reasonably ask this to be taken out of the deposit if theres no way out??

PaulF
02-02-2009, 01:07 AM
Your rent is due on 24th of each month. When you pay is irrelevant as to when it's due. If you and the L have agreed a different day on which it is paid then I'm sure you can calculate what amount is paid in advance and what, if any, is in arrears. The L cannot make a 'penalty charge' just because you might pay it on another day in the month.

garner86
02-02-2009, 11:52 AM
Am guessing the £173 is the difference between the two payment days. (24th - 31 was it?)

As far as am aware this is completely valid, or so my last LL made me believe. when I had exactly the same situation.

with me, the outstanding days were brought forward. SO instead of it being
19th feb - 1st march

it was

19th dec - 1st jan


so I disputed 2 days due but in the end just accepted and paid up to avoid any hassle.

As far as the LL sees it you have stayed in the property for x days with out paying, x being the the difference between payment dates

Bel
02-02-2009, 14:49 PM
Is it legal/ethical to charge this amount for changing the pay date and can we not reasonably ask this to be taken out of the deposit if theres no way out??


Calculate how much you will have paid by the end of the tenancy and devide this by the exact time in months you would have stayed there; this should equal the monthly rental.

As long as you have paid the correct amout owing for the length of time you have be there or the length of time you are liable to cover in the AST or agreed with the LL, by the end of the tenancy, you will not be in arrears and no deposit should be retained.


Otherwise he will retain it from the deposit; although it would be a shame as it would not look so good if you need a reference in the future from the LL.

redex
02-02-2009, 17:02 PM
Can't quite get my head around that one, but our tenancy started May 24 '07

We will vacate the property on 27 Feb '09, this being the last day before the monthly rent is due again.

Bel if you can work out what you mean I would appreciate it, I'm reading it
as how many months have we been here and how much rent have we paid. We've paid 750 in advance on the 24th of each month until Nov 08 when we paid on the last day of each month.

Bel
03-02-2009, 09:43 AM
Can't quite get my head around that one, but our tenancy started May 24 '07

We will vacate the property on 27 Feb '09, this being the last day before the monthly rent is due again.

Bel if you can work out what you mean I would appreciate it, I'm reading it
as how many months have we been here and how much rent have we paid. We've paid 750 in advance on the 24th of each month until Nov 08 when we paid on the last day of each month.

This is complicated because I'm not sure how or why you have agreed to leave on the 27th, as according to your AST, you should be leaving on the 23rd of the month. The payment arrangement you make does not alter the way you give notice unless you both agree otherwise; the dates should come from the AST by default if you do not agree.

As i do not know what the total is you will have paid, I have worked it a different way.
I calculated that you will have stayed 21 months and 4 days (please check)

21 months @ £750 rent is £15,750
4 days at £25 approx (12x750 / 365 ) a day is £100.

SO you could argue that you should pay no more than £15,850 in total.

Confusing bit : BUT, technically you will be staying 4 days into the next monthly period (as per AST), which means that the whole month could be payable. At the same time you could argue that you are entitled to stay for the whole of that period as you have paid for it. So if LL wants you out, then you should negotiate a reduction, the time you have used would be ideal. If your LL accepts that you are leaving at the end of the rent period then I think £15850 should apply.


I hope this is clear. Let me know if I am wrong with anything.

Now you need to add all the paymants you have made and he wants you to make. What will be the total that he wants to be paid?

I am guessing that he is asking for £73 more than he is due because of the way he calculated it is different. You could try putting it to him my way, which is fairer. It might help to have a spreadsheet of all the payments and refunds so it is clear what was paid when etc.

redex
03-02-2009, 20:23 PM
Thank you so much for that, I understand completely what you mean now.

I'm not sure why LL have agreed us to leaving on 27th, happens to be 27th only cos its February. Must be because of the £173 extra we are expected to pay to take us to the end of the month.

We must ask them when they expect us to vacate, certainly don't want them to provide us with any more unexpected rent requests.

I need to work out how much we will be paying and take it from there.