Changing rent due date

Slinky

We have a single property which has been rented out for around 6 months on a 12 months' tenancy. A couple of times the rent which is due at the start of the month has been late. The tenant is self employed and has been late receiving payments from his main customer (local authority). Rather than having the stress allround (agent is getting peed off more than we are), how easy would it be for us all to agree a new rental due date for the middle of the month, the tenant pays a fortnight's rent then monthly from the middle of the month when hopefully late payments from his customer will have been received. Would this create a new tenancy agreement? When his current tenancy ends if he wants to stay we're inclined to let it roll over to a periodic rather than offer a new 6/12 months tenancy. This is in England.


Due to the features of the property it took a couple of months to rent, he appears to be looking after it OK, so we'd rather work to resolve the situation rather than kick him out at some point and start again with somebody new which could leave us with a void period in the winter.


TIA for advice.

Pixie5740

I don't see why it would create a new tenancy because the tenancy periods relate to do the date the tenancy started not the date the rent is paid but any changes to the terms would have to be mutual.

In saying that I used to rent whilst I was self employed and sometimes my main client paid me late so it was down to me to keep a float in my personal current account to make sure I could papaya my rent on time.

I suppose it's up to you how accommodating you want to be since other than the rent being paid the tenant seems ok.

Slinky

So presumably we'd have to issue S21 with regards to the original tenancy dates when we require the property back?

ognum

I collect all my rents on the first of the month regardless of the start date of the tenancy. In the first month the tenant pays prorate to the beginning of the month and then on the first from then onward.

This has never been a problem, as long as you agree you can choose any date in the month.

The tenancy end date relates to the tenancy start date rather than the rent due date. On the last month after giving notice the tenant pro rates rent until their leave date.

G_M

Good grief! You don't need a new tenancy! And no impact on future S21 or anything else.

All you need is a written note, signed by both sides, agreeing on a new rent payment date. It should also make clear whether

* (as you suggest) an additional 1/2 month rent will be paid to cover the period between current rent date and new date, or

* whether the new date will be part-retrospective (ie payment on 15th August to cover period from 1st August to 31st August.)

as long as everyone understands when future payments are due, and what period each payment covers (and therefore understand what the final payment will be) there is no need to change the tenancy itself.