Can Landlord ask for "early" rent?

Gloomy_Past_Bright_Future

We have recently been advised, that our landlord is no longer using the LA for collection of tennants rents.

However we have now been asked to pay the rent 5 days earlier than our normal rent due date, so it is cleared in the landlords account on the "due date".

I personnally think this is a bit cheeky, as they obviously wouldn't have got the money from the LA until their funds had cleared and then had to wait for the LA bank to clear too, so probably looking at 6-10 days later.

Do they have a right to ask for this?

GPBF

theartfullodger

I hope the Landlord has made this request to you in writing & that the agent agrees with him. In your shoes I'd check with the agent that they've been told & that the Landlord is the Landlord...

Re-read your tenancy agreement and see what it says about when payment is due....for example the tenancy agreement for a student house I rent out says " should be paid by standing order on or before the 15th of the month".. and I guess is ambivalent as to when "paid" is (ie is paid when paid by your bank or when received by LL bank). I would think that if you carried on paying on the date you were paying the agent the Landlord would have difficulty arguing that was wrong....


I agree with you he's being cheeky. He "has a right" to ask for this: He can ask you to clean the windows wearing a ballet tutu & a top hat, but you don't have to agree to it.

Mind you his asking for this money early & his sacking the agent would make me wonder if he is financially secure... (sorry, gotta be said...). Did you get the prescribed info about where your deposit was held??

Finally, do you have his name, address, bank details & 'phone number?? In no address the rent ain't due!!

Good luck & cheers!

Lodger

Gingernutmeg

I think it depends on your relationship with the LL. We rent direct (originally got the house through an agent but they were simply there to get a tenant in, not manage the property) and when we met the LL it came up that their mortgage was due a few days before the rent was due. We now pay the rent about ten days 'early' every month so that it works out better for the LL - it's no skin off our nose and it makes for a better relationship. However, we have met the LL a few times, we've got all the relevant details and and it's not a formal agreement as such. I probably would be a bit worried if I didn't know the LL from Adam and early rent was suddenly demanded of me. Like theartfullodger, I'd check that everything's above board first.

Gloomy_Past_Bright_Future

Thank you, for that.

I too am worried about their financial situation, luckily I did receive all my information about my deposit which is over £2000, and the deposit scheme it is in, might be a bit of a mission getting it when the time comes, also gone are the very posh 4 x 4 and porsche and replaced with older type cars.

Then a couple of months ago I had a telephone call asking if I wanted to buy the house. The house is far too small really for a family, we only downsized to save money for a deposit for a bigger one, they then spent the next 10 minutes, saying the area was lovely etc etc, and I had to keep reitrerating that the house was too small for us all and I did not want to buy it.

My TA states "Rent is payable in advance and is due upon the 13th day of each rental period"

I do have all their bank details etc, but I think I will ring the LA just to confirm they are aware of it.

Last time I saw my landlord, he was complaining about the houses he owns being in negative equity ( he has bought them all over the last 5 years - OUCH!) and then complaining how much commission he pays the LA (12% + VAT), to be honest it did make me a bit uncomfortable and now doing this makes me feel he is perhaps in a worse situation than I originally thought!

tbs624

The rent due date is called that because the rent is due *on that date*.

It is irrelevant to you as the T how late the LL may have got his rent passed on by his former LA: that lateness may be one of the reasons that the LL has decided to self-manage.

If the contract says that the rent due is xxxx then that's the date by which it should be in the LLs account.

If it is creating difficulties for you in relation to when you get paid, *discuss* it with the LL and see if you can jointly agree to move the date. However, going in with the attitude that the LL is being "cheeky" will probably not get you the best result.

Edit: just read your follow up post OP. I think many LLs would feel like complaining about their LA raking off 12% plus VAT and being slowish to hand on the rent. Selling off of posh cars notwithstanding, sometimes LLs use LAs until they have become familiar enough with lettings to deal with the management of the property themselves.

theartfullodger

Given what you have said about negative equity, older cars etc. then in your shoes I'd start looking for somewhere else to live....

Mortgage lenders are supposed to be considerate of tenants before repossessing but there have been some rather brutal repos when Landlords haven't been paying the mortgage. (Mind you at least the LL has got rid of the expensive motors...). Hope you've had no envelopes addressed to the Landlord that look as though they come from his lender???

Good luck!!

Lodger

tbs624

Gingernutmeg wrote: »

I think it depends on your relationship with the LL. We rent direct (originally got the house through an agent but they were simply there to get a tenant in, not manage the property) and when we met the LL it came up that their mortgage was due a few days before the rent was due. We now pay the rent about ten days 'early' every month so that it works out better for the LL - it's no skin off our nose and it makes for a better relationship. However, we have met the LL a few times, we've got all the relevant details and and it's not a formal agreement as such. I probably would be a bit worried if I didn't know the LL from Adam and early rent was suddenly demanded of me. Like theartfullodger, I'd check that everything's above board first.

Good post, as ever, GNM, but it's not "early rent" from what the OP says, so the thread title is misleading. Should be "LL has asked me to pay rent on time but I have never done so whilst doing it through the LA"

Gloomy_Past_Bright_Future

theartfullodger wrote: »

Given what you have said about negative equity, older cars etc. then in your shoes I'd start looking for somewhere else to live....

Mortgage lenders are supposed to be considerate of tenants before repossessing but there have been some rather brutal repos when Landlords haven't been paying the mortgage. (Mind you at least the LL has got rid of the expensive motors...). Hope you've had no envelopes addressed to the Landlord that look as though they come from his lender???

Good luck!!

Lodger

Thanks, to be honest we are looking to buy a house, so looking every day, but we are picky!

I have just logged into DPS and our deposit is still there - Thank Goodness!, I take it he cannot access this without our knowledge?

I have had no letters for the landlord, but they do have their own house nearby anyway so I wouldn't really expect any.

I am paying the rent out of my account on the 13th I will also confirm this in writing and if he doesn't like it tough, he can serve us notice.
There are three identical houses nearby, (one is slightly larger) that have been up for rent for over 3 months and are £300 a month cheaper than what we are paying, so I think I hold the trump card. We just didn't want to move to move again when we buy a house.

Gloomy_Past_Bright_Future

tbs624 wrote: »

Good post, as ever, GNM, but it's not "early rent" from what the OP says, so the thread title is misleading. Should be "LL has asked me to pay rent on time but I have never done so whilst doing it through the LA"

If they don't like it I will pay in cash on the 13th of every month, they can come and collect it, all the coinage will be bagged up nicely!:rotfl::rotfl:

theartfullodger

There are three identical houses nearby, (one is slightly larger) that have been up for rent for over 3 months and are £300 a month cheaper than what we are paying

Give him the evidence, ask him for a rent reduction...of over £300/mo (I assume the other 3 are with agents ..)

Cheers!

Lodger

Gloomy_Past_Bright_Future

theartfullodger wrote: »

Give him the evidence, ask him for a rent reduction...of over £300/mo (I assume the other 3 are with agents ..)

Cheers!

Lodger

Yes they are all with agents all on right move.

I will do that if he insists the rent comes out of our account 5 days early.

Cheers Lodger!