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  1. #1
    Join Date
    Oct 2010
    Location
    Bridgend
    Posts
    42

    Default 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. #2
    Join Date
    Nov 2008
    Location
    Suffolk
    Posts
    2,593

    Default

    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.
    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 salient facts BSc (Hons)

  3. #3
    Join Date
    Mar 2009
    Posts
    8,429

    Default

    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...

  4. #4
    Join Date
    May 2009
    Posts
    14,115

    Default

    Quote 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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