The agency wants to change rent due date

Aeron_2

Hello everybody,

I'am living with my girlfriend in a share house. We are 10 people inside. One year ago we signed a lease for 1 year. Many of the people who were living with us left the house and some others came. Now we have to sign another lease for 1 year, so everybody can be on the lease. We use to pay the 23rd of each month. But on the new lease, the agency wants us to pay on 18th (five days earlier). As we already paid the rent on 23rd of August (the whole amount), we would have to pay 5 days earlier on September, and loose 5 days.

We were told by the agent, that it is because of a stamp that you had to pay before if the lease contract was for one year or more, and that's why they use to do contracts for one year -1 day. But the law has changed now, so they can change the date and he can't do nothing about the 5 days. Frankly, I didn't understand anything.

What's I want to know it's if there is any reason I should loose 5 days rent? We've paid the whole amount, so shouldn't the agent ask us for pay only 3 weeks on the November's rent?

Please help, I don't know what to do.

Thanks

adg1

Sounds weird to me.

Are you all on the same Tenancy Agreement with joint and seceral liability? Or are all the rooms rented in individual tenancy agreements? You should not lose 5 days of rent money - just 5 days off the end of your contract so you shouldn't be out of pocket.

Also, I don't see why the agent wants to move your payment date to earlier? Unless another tenant is requesting it and your all on the one tenancy agreement.

I haven't heard of this stamp? All contracts I've ever had for a year are 364 days long, not a year and a day too.

You need to speak to the agent and see exactly what they are doing and what type of contract you are being put onto, either a joint tenancy agreement or separate TAs for each room.

poppy10_2

They are talking bollox. TTFO.

Aeron_2

Hello,

Thank you for your prompt answer.

We are all on the same agreement, but most of the people who were on the 2008/2009 agreement left during this year. Others people came to live in this place so I am the only one who was on the 2008/2009 agreement and still living there.

On the new contract, there is the name of everybody living now in the house.

Nobody from the house asked the date to be changed. The agent wants to change the date. I don't know anything about this stamp. He told us just that the law changed this year so he can change the date (I don't understand really). I agree if he wants to change the date but I don't want to loose 1 week of the rent, but he says we have to pay the full amount on 18th of September... in this case we would loose 5 days.

Aeron_2

Another thing I forgot to mention :

I don't remember the last year contract. The person who has a copy left the house a while ago. (I will check this with the agent) But if understood the 2008/2009 contract was from 23rd September 2008 to 18th September 2009, because if it was from 23rd to 23rd we would have to pay a stamp... But in this case I would find logic to pay just 3 weeks at the end of the contract not 4.

On the new contract, it's from 18th to 18th, because he said us that the law has changed and there is no need to pay a stamp anymore...

G_M

We are all on the same agreement - I am the only one who was on the 2008/2009 agreement and still living there.

Dodgy. The LL will not be able to chase the tenants who have left, for practical reasons, nor the new tenants, for legal reasons. Legally you are probably liable for the full rent (if the contract says 'jointly and severally') so if anything goes wrong, it is YOU he will chase!
Get a new contract signed, with the names of all the new tenants on it, for your own protection!
5 days is nothing compared to your protection, but actually the agent is talking absolute ***:
1) yes, stamp duty is no longer payable on rented property (it rarely was anyway) but there is absolutley no reason why the new contract cannot be for one year starting when the current contract ends - ie 23rd of the month.
2) if he insists on the new contract starting on 18th, just deduct 5 days rent from the 1st month's (Sept) payment - and write to the agent explaining you have already paid this amount (I assume you have a receipt - send him a photocopy). He cannot make you pay twice for the period 18-23rd sept!