sticky mess- help please!

Colincbayley

bella63 wrote: »

Does anyone know if you make the deposit submission after 14 days would the tenants still be able to use that against you in the future (even though you've made the submission) in any dispute??

Yes, that is the point of having a time limit!

bella63_2

I gave the tenants my lead tenant choice in writing this morning. They got back to me this afternoon and i've got the lead tenant confirmed. thanks for all the advice.

The 'holding deposit reciept' the letting agent gave me is dated 17 sep. The agent gave me the cheque on 28 sep- i'll need to put down 17 sep for 'date deposit paid' right when doing the submission? even though the i myself got the cheque on the 28th?? Can anyone pls clarify?

DVardysShadow

bella63 wrote: »

... The 'holding deposit reciept' the letting agent gave me is dated 17 sep. The agent gave me the cheque on 28 sep- i'll need to put down 17 sep for 'date deposit paid' right when doing the submission? even though the i myself got the cheque on the 28th?? Can anyone pls clarify?

As I said earlier "Any interaction with the agent by the tenants is done fully and entirely in your name." So, YOU got it on 17 September as far as the tenants are concerned.

bella63_2

Thanks DVardysShadow. For future reference, if i do a let only through an agent i should ask for the deposit from the agent as soon as tenency is confirmed and signed by both parties and tenants handed deposit to agent, right? Looking back, i see my mistake.. doh!

bella63_2

The tenants have asked me if possible to change the rent payment date ..would move it to 5 days later compared to original date and they would pay any shortfall in rent. I'm ok with the date change but do i:

-amend this on tenecy agreement and all parties sign?

-or do i leave tenency agreement as it is and write a separate letter/notice to them confirming i'm ok to change date and all parties sign??

What would be the 'proper' way to proceed?

DVardysShadow

bella63 wrote: »

What would be the 'proper' way to proceed?

Either. Easiest by exchange of letters. Work out how much they must pay, ask them to send it. When they do, receipt the money in your letter and state it is for variation of rent day in AST contract and ask for their written acknowledgement. Does not matter too much if they don't acknowledge. Don't forget to clarify what happens to all other dates in the agreement [end of AST term, notice dates etc].

bella63_2

Thanx for reply. Happened to speak to the agent who did the let for me today and i told her about the tenants wanting to change the pay date. She said to leave the the rent payment date on the tenancy agreement as it is and that it isn't nessesary to give any written notice as they would only be paying 5 days later compared to the orignal payment date ??!

She said if i do take that 5 days payment at this stage to account for the difference in dates when it comes to the end of the 12 months tenancy i may need to refund this 5 days rent back to them? Im confused-please help!

Debt_Free_Chick

bella63 wrote: »

Thanx for reply. Happened to speak to the agent who did the let for me today and i told her about the tenants wanting to change the pay date. She said to leave the the rent payment date on the tenancy agreement as it is and that it isn't nessesary to give any written notice as they would only be paying 5 days later compared to the orignal payment date ??!

She said if i do take that 5 days payment at this stage to account for the difference in dates when it comes to the end of the 12 months tenancy i may need to refund this 5 days rent back to them? Im confused-please help!

If you take five days rent now, the rent payment date effectively moves forward by five days e.g. if the rent payment date is the 5th in the agreement, by paying five days rent now, the payment date becomes the 10th.

At the end of the agreement, they need to move out by the 5th of the month as that's date in the agreement. If they do, then you need to give them 5 days back, as they've been paying up to the 10th.

Personally, I agree with the agent. Leave everything as it is, take no extra rent, but let them pay five days late. But you will need to be strict here and monitor receipt of the rent. The tenants need to be clear that you are allowing them to pay five days late, so that is absolutely the latest they can pay.

bella63_2

Debt_Free_Chick wrote: »

The tenants need to be clear that you are allowing them to pay five days late, so that is absolutely the latest they can pay.

Would i need to state that in writing to the tenants? What about the last month of the tenancy: Would i ask them to pay the last months rent on the original date stated in the tenancy agreement?

Debt_Free_Chick

bella63 wrote: »

Would i need to state that in writing to the tenants?

I would talk to them first. Let them know your position and get them on your side. Then, you do a letter "as we discussed ..... etc etc".

What about the last month of the tenancy: Would i ask them to pay the last months rent on the original date stated in the tenancy agreement?

Up to you - but make it clear to the tenants what you are expecting.