Tenant wants to change the rent "due date", after being late with previous month...

Zulu

My tenant, who given the benefit of doubt appears ok. He was sharing with another, but they've moved out and he's now renting alone.
He was late with last months rent (the first month on his own). I didn't notice for a good while as I was lax checking. So when I noticed, I contacted him, and fair enough he promptly paid.

So I contacted him today to remind him the rent is due tomorrow. He's replied saying he wants to talk, that he's a bit broke and is looking to change the rent "due date" to the end of each month.

Should I entertain this? And if so, how should I manage it - charge him 1/2 a months rent now to take him up to the end of this month?
Or (as I'm inclined to think is best), tell him "no" & that he needs to stick to his lease conditions?

Opinions preferably from other LL's please.

Mrs OBumble

I'm a LL .. albeit foreign based and having a PM company to do all the work for me.

I'd entertain it (unless you'd prefer him to move out): If the rent date is very shortly after he's paid, then it's more likely that you'll get paid every time. Insist that it must be by standing order though, no nonsense with having him do a manual deposit each month.

Pawwed Rig

I would tend to be flexible but maintain the payments in advance.
I would be concerned that he did not contact you when he was late though.

The_Conductor

How about come to an arrangement with him- in exchange for moving the due date to the end of the month, he change his payment method to direct debit, and he make good the 2 weeks difference (so he still has a deposit of 1 month's rent alongside paying rent a month in advance) before the end of the year (this can be done in stages- you don't want to crucify the poor guy- just normalise the situation).

Zulu

Well my concern is that he's looking to change the date because he's fallen behind on the rent from the previous month.
In order to do what he's proposing, he's going to have to pay 1/2 of a month now, and another months rent before the end of the month.

With regards to the "direct debit", I understand he had is set up but there wasn't funding to cover it last month so the payment failed. I'm not keen to allow a slippage of two weeks so early in the lease frankly.

ted1

I wouldn't entertain it. The way it is he is paying you once a month. Sounds like he is trying to avoid a month of paying you.

the_syco

ted1 wrote: »

Sounds like he is trying to avoid a month of paying you.

Second this. How long has he been renting from ye? Maybe a sign of things to come, as he's shown that DD's ain't worth the paper they're written on.

Zulu

Her's been there about 6/7 months with another chap, but that lad moved out. He's there on his own one month now. He's due to pay for the second month today.

djimi

I dont really see what difference it makes to be honest. Assuming he wants to pay on a date that is still in this month, you are ultimately going to get the same amount off of him either way. Okay it might mean that this month you had to wait 6 weeks or whatever for the rent, but at the end of the tenancy he is going to be paying you a months rent for 2 remainging weeks of the tenancy, so it evens itself out.

It doesnt sound to me like he is trying to pull a fast one (and if he is he is going the wrong way about it); more that he is just trying to organize his finances to cope with the change in circumstances.

Of course, its up to you whether or not you want to agree to it, and you are within your rights to refuse if you wish, but ultimately its in your interests to make it easier for your tenant to pay the rent, and if this is what he says he needs then so be it; I would work with him if I were you.

techdiver

I'm not a landlord, but I'm a tenant.

I have requested rent to be paid at the beginning of each month to co-inside with when I am paid. It means the first thing I pay every month is my rent. From your tenants point of view it might negate any chance of other direct debits emptying his account mid month leaving him short on rent.

From your point of view, it might mean you have a better chance of receiving rent in a timely manner. I would ask for a standing order to be set up though, which means you are first to be paid at the same time every month without fail.

beauf

If they pay extra IN ADVANCE to move their payment date. I'd facilitate that.

I suspect if hes broke, thats not what they want to do. I wouldn't accept anything other than paid in advance though.

I'd also have a discussion, that if they can't afford the rent, to consider moving out now before they get into difficulty, and arrears. Rent somewhere cheaper, or get someone else in.

gaius c

Pawwed Rig wrote: »

I would tend to be flexible but maintain the payments in advance.
I would be concerned that he did not contact you when he was late though.

That's the red warning flag for me too.
Find out when his payday is and see if that justifies the changed rent due date. It could be that current rent due date falls just before his payday.
With the previous late payment, I'd be wary though.

Zulu

So as I feared, he's looking to pay for 6 weeks at the end of the month. He says he's broke, but once he's paid between the 23rd and the 27th he'll be able make up the difference, and will pay me the arrears and the upcoming month.
I've told him I'll get back to him by tomorrow, but I reckon at this point I'll ask him to leave. To be honest I've got him a few additional thing he's asked for and I'm concerned he's taking advantage. Eitherway, I'm no longer comfortable which is all sorts of red flags for me.

Can anyone advise the best course of action from here? (In getting him out?)

djimi

The only course of action that you can take is to issue a 14 day notice of arrears and if he doesnt sort the arrears in that time then you can issue a 28 day notice of termintion. If he pays up in the 14 days then you cannot take the matter further.

You cannot just ask him to leave because you dont want him there any more.

If the rent is due now and he is looking to pay it in 6 weeks time then he is taking the piss. If he is looking to pay in 2 weeks time and adjust the date accordingly then Id be inclined to facilitate and see what happens.

beauf

Thinking about it again. Hes not changing the due date.

He telling you he going to miss his rent.

sunnysoutheast

Zulu wrote: »

So as I feared, he's looking to pay for 6 weeks at the end of the month. He says he's broke, but once he's paid between the 23rd and the 27th he'll be able make up the difference, and will pay me the arrears and the upcoming month.
I've told him I'll get back to him by tomorrow, but I reckon at this point I'll ask him to leave. To be honest I've got him a few additional thing he's asked for and I'm concerned he's taking advantage. Eitherway, I'm no longer comfortable which is all sorts of red flags for me.

Can anyone advise the best course of action from here? (In getting him out?)

Well unless he plans to get somebody else in to share with him it's only going to get worse isn't it?

Zulu

I hope I don't regret this; I've given him the benefit of doubt. He's swore he'll pay at the end of the month. I don't know, lets hope he's not taking the piss.

...should I issue him a rent arrears letter regardless, just in case?

odds_on

You rented a property and two names were on the lease?
One person has left, so is the remaining tenant is having to pay the full amount or just his portion?

If he can't afford the rent, what will happen when the next utility bills arrive?

D3PO

Zulu wrote: »

I hope I don't regret this; I've given him the benefit of doubt. He's swore he'll pay at the end of the month. I don't know, lets hope he's not taking the piss.

...should I issue him a rent arrears letter regardless, just in case?

I would issue the rent arrears letter yes. Contact him and telling him your doing it to protect yourself should there be an issue at the end of the month with the due rent.

You don't need to explain it to him but in trying to keep good LL / tenant relations its probably a good idea.

also means if no 6 weeks rent as promised you can then start the eviction process rather than waiting another 14 days.

pwurple

LL, I'd be wary, it rings warning bells. What arrangement did he come to with the other tenant for deposit I wonder? He may have paid that tenant their portion of that already as well... Given his buddy the money he owes you maybe?

If you do allow him to pay 2 weeks late, make sure he pays 6 weeks remt rather than 4.

djimi

D3PO wrote: »

I would issue the rent arrears letter yes. Contact him and telling him your doing it to protect yourself should there be an issue at the end of the month with the due rent.

You don't need to explain it to him but in trying to keep good LL / tenant relations its probably a good idea.

also means if no 6 weeks rent as promised you can then start the eviction process rather than waiting another 14 days.

To be honest, if the OP has agreed to allow the extension of the rent then it would be a right prick of a thing to do to then turn around and issue a 14 day notice of arrears. Either agree to it or dont. If the tenant is genuine then its only creating a hostile situation where there does not need to be one, and if he is inclined to cause hassle then this could push him over the edge.

Its in the OPs interest as landlord not to cause conflict where one does not exist; when a tenancy turns bad the only real loser is going to be the landlord.

Pawwed Rig

Agree with that there is no point issuing the 14 day notice. Should he not pay on the allocated day in 2 weeks then you are still not at a loss if you then go down the termination of tenancy route. Better to keep things sweet imho

D3PO

djimi wrote: »

To be honest, if the OP has agreed to allow the extension of the rent then it would be a right prick of a thing to do to then turn around and issue a 14 day notice of arrears. Either agree to it or dont. If the tenant is genuine then its only creating a hostile situation where there does not need to be one, and if he is inclined to cause hassle then this could push him over the edge.

Its in the OPs interest as landlord not to cause conflict where one does not exist; when a tenancy turns bad the only real loser is going to be the landlord.

ive no doubt the tenant is being genuine but hes messing the OP around a bit right now, whos to say he wont mess him round at the end of the month, not purposely but who knows what will happen the tenant is obviously struggling right now.

Better to have your ducks in order. I don't see how it would cause conflict if the OP outlines to the tenant their reasoning is to protect themselves. By agreeing to change the due date etc a level of understanding has been given by the OP to the tenant who will recognize this.

They should also recognize that the LL has to look after themselves aswell. If the tenant is genuine and knows they will be paying the 6 weeks at the months end and understands why the OP has issues the letter then there should be no hostility.

Zulu

Frankly I don't care if I come across as a "prick". I've been far too sound already. All he needs to do is pay his rent, which right now, he isn't doing.
I'm issuing an arrears letter. I'll tell him it's just a precaution to cover myself and he can ignore it as he's going to pay by the end of the month.

Ultimately we aren't friends, this is a business arrangement. I don 't see why I should continue to give; why I should continue to further expose myself. Fair is fair, and currently I'm the only one playing fair here.

Zulu

Can anyone tell me if a scanned and emailed copy of an arrears notice is sufficient (if the tenant acknowledges receipt of same)?

fl4pj4ck

make sure you send it by registered post

keeponhurling

You want to make sure that he is looking for somebody else to move in with him, seems he can make the payments sharing but on his own is a struggle so not sustainable?

For the tenant his options are either find a housemate, or find a cheaper place to stay.

Zulu

fl4pj4ck wrote: »

make sure you send it by registered post

...doesn't really answer my question.

djimi

Zulu wrote: »

Frankly I don't care if I come across as a "prick". I've been far too sound already. All he needs to do is pay his rent, which right now, he isn't doing.
I'm issuing an arrears letter. I'll tell him it's just a precaution to cover myself and he can ignore it as he's going to pay by the end of the month.

Ultimately we aren't friends, this is a business arrangement. I don 't see why I should continue to give; why I should continue to further expose myself. Fair is fair, and currently I'm the only one playing fair here.

The way I see it, if your actions upset the relationship with the tenant then you are ultimately going to be only person who loses out. If he decides to go full on wanker and not pay, its going to cost you in the long run, not him. It will take months to sort, and in that time you may not get any money, and even at the end of it there is no guarantee you will get anything more than an empty property. I know thats worst case scenario, and it may not be as bad as that, but if you are unsure about this guy then why take the chance? You dont really have a lot to gain in the grand scheme of things (14 days hardly matters that much), and a lot to lose if it all goes pear shaped for you.

I know this sounds a very wishy washy approach to it, but such is the reality. Tenancy laws favour tenants, and the process to get issues sorted is long and tedious. Its up to you, but its in your interest to keep the relationship on good terms. Agreeing to an extension to the rent to help the tenant, and then turning around and issuing notice of arrears is not a good way to do that; to me it just has the potential to breed a hostile situation and that is not something that you want. If, in two weeks time, no rent is forthcoming, then issue your notices and start to move for termination, but until then stick to your end of the agreement.

Pawwed Rig

Zulu wrote: »

...doesn't really answer my question.

A notice required or authorised to be served or given by or under this Act shall, subject to subsection (2), be addressed to the person concerned by name and may be served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) where the notice relates to a dwelling and it appears that no person is in actual occupation of the dwelling, by affixing it in a conspicuous position on the outside of the dwelling or the property containing the dwelling.
So the answer to your question is No

whippet

Zulu wrote: »

Can anyone tell me if a scanned and emailed copy of an arrears notice is sufficient (if the tenant acknowledges receipt of same)?

I don't think you are going to get a definitive answer anywhere unfortunately as the only acid test is if you go to the PRTB and they rule that the notice wasn't served correctly.

The only way to deal with this is by the letter of the law.

- Serve 14 day notice in writing by registered post
- Do not make contact with tenant in that time frame
- If tenant makes contact respond by email and request that he communicate by email
- If payment does not arrive - issue the 28 day notice of termination

What ever you do make sure you get proper templates for these letters from the PRTB website or the likes as even not dotting your 'i's and crossing the T's can end up in a PRTB ruling against you.

I have been down this road and its a pain in the ass but you are kicking against the wind being a landlord.

For what it is worth; once a tenant starts acting like this the chances are they will be forever looking for inches that turn in to miles