Tenancy start date/ rent payment date different

Elle_85 · 26 May 2020 at 8:45PM

I signed a tenancy agreement which begins on the 30th of this month. I have paid a month rent upfront and a deposit.
Upon carefully reading the agreement, it states that rent is due on the 28th of each month.

Therefore my rent payment covers May 28th to June 28th.

I therefore have requested the landlord to either
a) change the rent payment date to the 30th of each month to align to the contract date
Or
b) enable me to receive the keys to the property on the 28th ( the landlord has shared that he won’t be able to get the keys to me for the 28th)
Or
c) deduct two days rent from the next payment

This is a reasonable approach? Does anyone have any similar experiences. Can the landlord charge me rent before I have access to the property?

Elle

greatcrested · 26 May 2020 at 9:03PM

Elle_85 said:

I signed a tenancy agreement which begins on the 30th of this month. I have paid a month rent upfront and a deposit.
Upon carefully reading the agreement, it states that rent is due on the 28th of each month.
Therefore my rent payment covers May 28th to June 28th.27th.
I therefore have requested the landlord to either
a) change the rent payment date to the 30th of each month to align to the contract date
Or
b) enable me to receive the keys to the property on the 28th ( the landlord has shared that he won’t be able to get the keys to me for the 28th)
Or
c) deduct two days rent from the next payment
This is a reasonable approach? Does anyone have any similar experiences. Can the landlord charge me rent before I have access to the property?
Elle

Yes and no! Your tenancy starts on 30th May, so your initial payment covers 30th May to 29th June. You cannot be paying for the two days before your tenancy started!

Your next payment date is 28th June. This will cover the period from 30th June to 29th July.

And so on.

You will always be paying a couple of days in advance of the period covered by the rent.

You could request a change of payment date to 30th of each month as you suggest, or you could pay 2 days worth of rent less for one month, to bring the period covered by each payment back to 28th to 27th.

But it's not necessary so long as you remember when you leave that your final months rent will be reduced by 2 days worth..

Elle_85 · 26 May 2020 at 10:09PM

Thanks for this, particularly clarifying dates! Sounds like either changing the payment date to align to the tenancy start date or paying 2 days less for the next rent payment is the way forward!

ThePants999 · 26 May 2020 at 10:36PM

There's no reason why the date you PAY has to match up to when you're paying FOR. There's nothing wrong with paying on the 28th for a period that starts on the 30th.

Elle_85 · 26 May 2020 at 10:48PM

Sure, but if the next payment is due on June 28th and tenency starts on 30th May , wouldn't this mean there are 2 days lost? Therefore I should deduct two days from rent payment?

[Deleted User] · 26 May 2020 at 10:50PM

greatcrested said:

Elle_85 said:

I signed a tenancy agreement which begins on the 30th of this month. I have paid a month rent upfront and a deposit.
Upon carefully reading the agreement, it states that rent is due on the 28th of each month.
Therefore my rent payment covers May 28th to June 28th.27th.
I therefore have requested the landlord to either
a) change the rent payment date to the 30th of each month to align to the contract date
Or
b) enable me to receive the keys to the property on the 28th ( the landlord has shared that he won’t be able to get the keys to me for the 28th)
Or
c) deduct two days rent from the next payment
This is a reasonable approach? Does anyone have any similar experiences. Can the landlord charge me rent before I have access to the property?
Elle

Yes and no! Your tenancy starts on 30th May, so your initial payment covers 30th May to 29th June. You cannot be paying for the two days before your tenancy started!
Your next payment date is 28th June. This will cover the period from 30th June to 29th July.
And so on.
You will always be paying a couple of days in advance of the period covered by the rent.
You could request a change of payment date to 30th of each month as you suggest, or you could pay 2 days worth of rent less for one month, to bring the period covered by each payment back to 28th to 27th.
But it's not necessary so long as you remember when you leave that your final months rent will be reduced by 2 days worth..

The rent is due on 28th according to this the contact. This will run 28 June to 27 July etc. The first month should be less as it's a part month.

saajan_12 · 27 May 2020 at 8:53AM

Elle_85 said:

I signed a tenancy agreement which begins on the 30th of this month. I have paid a month rent upfront and a deposit. -okay, so first period is 30May-29Jun, next 30Jun-29Jul, and so on..
Upon carefully reading the agreement, it states that rent is due on the 28th of each month.
Therefore my rent payment covers May 28th to June 28th. -No. The first rent covers the first tenancy period 30May-29Jun. Even if you go to the bank early and pay on 25May, or there's a delay and you pay on 3rd June, it'll still cover the same period.
I therefore have requested the landlord to either
a) change the rent payment date to the 30th of each month to align to the contract date - okay if they agree. Currently per the contract you have to pay it 2 days earlier.
Or
b) enable me to receive the keys to the property on the 28th ( the landlord has shared that he won’t be able to get the keys to me for the 28th) -okay, if they agree, which it sounds like they don't. Then you would get an extra 2 days, so do you mean amend the whole tenancy to end 2 days earlier as well?
Or
c) deduct two days rent from the next payment -there is no concept of '2 days rent'. You owe rent as entire months, which cannot be subdivided. If you deduct a portion, you will be in arrears by that much. Not enough to evict over, but the LL may be able to charge late fees depending on the contract.
This is a reasonable approach? Does anyone have any similar experiences. Can the landlord charge me rent before I have access to the property? - yes, its just the day your payment is taken, it doesn't affect your tenancy. Some tenants pay 6 months ahead, others pay first month when the contract is signed months before the start date. Doesn't affect the start date at all.
Elle

I don't see what your issue is. A slightly earlier payment date doesn't suddenly change the period it applies to. Your payment on 28May will still cover your accommodation 30May-29Jun, so you're not losing out on anything. You've already agreed to paying 2 days in advance - changing that is subject to the LL agreeing, which he doesn't have to.

theartfullodger · 27 May 2020 at 9:49AM

For a change we have a landlord with at least half-a-brain in this situation: (I'm a landlord).

He's realised if rent payable 30th (or 29th or 31st) then February payment is - err.. - questionable.. .. There being no 30th or 31st Feb and usually no 29th of Feb.

Just leave it as it is: Your rental periods are 30th (or last day in Feb) to 29th (28thin not a leap year in Feb), but rent payable 28th.

The rental periods and rent payment day do not have to line up.

princeofpounds · 27 May 2020 at 11:37AM

Agree with saajan and artfullodger. There is no problem here. Payment dates don't need to match up with rental period dates and it would be awkward if they did try to use the 30th or 31st.

Think of it another way - when you buy some shoes on Amazon (other good e-commerce websites are available) you make a payment with your debit card. The shoes arrive two days later. This doesn't worry you at all. It's the same with the rent - you have to pay by a particular day. The landlord has to deliver you accommodation services, but just moved back a couple of days.

When you get to the last period, you won't owe a payment on the final 28th (as you won't be staying there the following month), but you will accommodated until the end of the relevant month. All will be square.

[Deleted User] · 27 May 2020 at 12:23PM

I appear to be the dissenting voice. OP states the rent is contractually due on 28th. Rent DUE. Supposing an arrears scenarion. Court will read 28th. Overdue therefore by 29th. But actually because of making an overpayment for the part month when moving in, tenant will be in credit on 29th. Landlord will have to wait three rent due dates to pass before two full months of arrears accumulates. I refer to my first post.

GHolmesAdmin · 27 May 2020 at 1:23PM

I am in the same position as you, but it happened 26 years ago, luckily I have all the paperwork and now realise my rent was always 6 weeks in advance, due to there only being 2 weeks between my payment for the deposit and a months rent, and the first regular payment. Very useful now I'm moving out, two weeks less to pay during notice period. I wouldn't faff around changing payment dates or deducting two days, just keep the paperwork filed.