Tenancy Rent Payments

Discussion in 'PM 3.0 Tips & Ideas' started by Habib Adam, Jul 19, 2012.

  1. Habib Adam New Member

    I have a tenancy agreeement to start on a Monday 30th July. For the first payment, the tenant will pay me upto Wednesday, then weekly from Thursday 2nd August onwards. How do I record the 1st payment to cover Mond to Wed, then start recording payments from Thursday onwards?
  2. Jeffrey Shaw Member

    [Conveyancing reply only; Chris Horne will reply re the website's forms/document]
    This way of setting payments is undesirable, because:
    a. the first payment does not match the others;
    b. weekly payments probably cannot be made by standing order; and
    c. you fall foul of s.4/s.5 of the Landlord and Tenant Act 1985, which read thus:

    4. Provision of rent books.

    (1) Where a tenant has a right to occupy premises as a residence in consideration of a rent payable weekly, the landlord shall provide a rent book or other similar document for use in respect of the premises.
    (2) Subsection (1) does not apply to premises if the rent includes a payment in respect of board and the value of that board to the tenant forms a substantial proportion of the whole rent.
    (3) In this section and sections 5 to 7:
    (a)tenant” includes a statutory tenant and a person having a contractual right to occupy the premises; and
    (b)landlord”, in relation to a person having such a contractual right, means the person who granted the right or any successor in title of his, as the case may require.

    5. Information to be contained in rent books.

    (1) A rent book or other similar document provided in pursuance of section 4 shall contain notice of the name and address of the landlord of the premises and:
    (a) if the premises are occupied by virtue of a restricted contract, particulars of the rent and of the other terms and conditions of the contract and notice of such other matters as may be prescribed;
    (b) if the premises are let on or subject to a protected or statutory tenancyor let on an assured tenancy within the meaning of Part I of the Housing Act 1988, notice of such matters as may be prescribed.

    (2) If the premises are occupied by virtue of a restricted contract or let on or subject to a protected or statutory tenancyor let on an assured tenancy within the meaning of Part I of the Housing Act 1988, the notice and particulars required by this section shall be in the prescribed form.

    (3) In this section “prescribed” means prescribed by regulations made by the Secretary of State, which:
    (a) may make different provision for different cases, and
    (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
  3. chris horne Member

    I don't have a categoric answer to your particular question as regards PM3.0. The system is set up to make the rent due when the tenancy is created. Have a look at this thread on the difference between when rent is legally due and when you have agreed an alternative payment date with your tenant.

Share This Page