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Landlord to charge £20 for late rent. Is it Legal?

Hi there,
My landlord wants to charge £20 each time I pay the rent late. I must admit I do always pay the rent but very rarely on time.

Can my landlord charge extra £20 for late payment? It's not on the AST agreement. Can I refuse?

However, on the AST it says he can charge interest on rent owing (4% + current BBR). I pay £650 rent a month. How can I calculate the interest as I want to make sure Landlord has worked it out correctly.

I'd really appreciate if someone can help me out here.
Cheers!
«13

Comments

  • m1ntie
    m1ntie Posts: 331 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Why not just make sure you pay it on time as agreed in your SHT agreement!

    Most landlords wont mind the occasional late payment upto a couple of days or so, but regular late payments are not acceptable.Your landlord may have a mortgage to pay and must make the payment on time.

    You have entered into a legally binding agreement to pay the rent on the due date and you must do this or be prepared to accept a penalty charge.
  • Cat695
    Cat695 Posts: 3,647 Forumite
    Jesus some people have some nerve!!!
    i'm always late in paying my rent but i'm not happy because my LL charges me extra though i should be greatful he doesn't kick my !!! out on the street and give me a bad ref!

    Yeah my simple but affective advice is pay your rent on time then you don't have to worry about any fees incurred

    And your welcome because that was free
    If you find yourself in a fair fight, then you have failed to plan properly


    I've only ever been wrong once! and that was when I thought I was wrong but I was right
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    Why don't you pay it on time?
  • tbs624
    tbs624 Posts: 10,816 Forumite
    When we get tenant posters who are in specific difficulties and have been slammed by their LL for a one-off late payment charge I have every sympathy, but then we get a post like this. Tenants generally sign a tenancy contract that commit them to paying monthly rent on a due date: that doesn’t mean “when you feel like it, give or take a few days/a week/a fortnight”.

    If I have made unwarranted assumptions about your situation then apologies, but IMO from your post it sounds as though you in effect regularly make a choice to pay your rent late simply because up until now you have got away with doing so.

    You compound your actions by saying that there is no late fee charge mentioned in the AST, and yet apparently you think its okay to ignore a very basic term that is in the Tenancy Agreement, ie that you pay your rent on time. Contracts mean that both sides have obligations.

    Being in arrears and persistently paying your rent late can be grounds for repossession of the property. You absolutely have to prioritise paying your rent: if you don’t, at the very least, you are likely to find that once your Fixed Term is up the LL wants you out.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    pay your rent on time - thats why you have agreed to do - and stop moaning
  • poppy_f1
    poppy_f1 Posts: 2,637 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    i dont see the issue, if he is relying on you to pay on time so he can pay the mortgage/other bills then you paying late could be causing him problems
    way to avoid the charge is to pay on time
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    why not ask the landlord very nicely if you can change the "due date" - if this would make it easier for you if you want it to coincide with your salary pay date.

    are you paying on a standing order ? if not why not ?
  • Scarlett.1974
    Scarlett.1974 Posts: 2,765 Forumite
    I don't blame your LL at all..... you're taking the pee in a major way! Why don't you pay it on time? Different situation I know, but how would YOU feel if your employers paid you late every month and you never exactly knew when you'd be paid? You wouldn't put up with that would you? No, so why on earth should your LL put up with it?

    My advice - pay your rent on time EVERY month from now on, apologise to your LL for messing him/her about and hope he/she doesn't want you to leave at the first available opportunity.

    Sheesh <shakes head>
    You can't control everything in life....... your hair was put on your head to remind you of that :p

    Proud to be BSC no. 103
  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    violeta wrote: »
    Hi there,
    My landlord wants to charge £20 each time I pay the rent late. I must admit I do always pay the rent but very rarely on time.

    Can my landlord charge extra £20 for late payment? It's not on the AST agreement. Can I refuse?

    However, on the AST it says he can charge interest on rent owing (4% + current BBR). I pay £650 rent a month. How can I calculate the interest as I want to make sure Landlord has worked it out correctly.

    I'd really appreciate if someone can help me out here.
    Cheers!

    The contract said you'd pay the rent on x day, you aren't adhering to the contract and now you are querying if the landlord is deviating from a docuement you hold in no regard. :confused:
    20 quid sounds a fair admin fee for his time chasing you, rearranging his finances etc to fit round your chaotic affairs. Most LL reference requests ask about punctuality paying rent, I think you should be nice to this LL as unlikely anyone will want a tenant with this type of history.
  • meester
    meester Posts: 1,879 Forumite
    Right, that's enough identical posts whining about persistent late payment. I agree with them, but the reality is the tenant is actually in a strong position (at least until they get the notice served and get turfed out).

    It's actually very difficult legally to charge for this kind of thing. Firstly it needs to be in the contract, and secondly it needs to be a 'fair' charge'. As far as I am aware a fair charge is about 2% above the base rate, if the rent is more than a certain number of days. A £20 'charge' is not valid unless contractual, and may not be 'fair' either. It's basically not really possible for a landlord to get any money from late-paying tenants, their real remedy is to evict the tenant at the earliest opportunity (which may be at the end of the lease).
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