Updating post from Reddit.
As the title said, my tenant is always 7 to 10 days late on payment.
He has never crossed the two weeks period before we can issue a late payment fee. I spoke to him about it and he said he pays as soon as his salary comes in.
My question is: can I issue a section 8.11 for repeat late payments or is it not considered a late payment unless it crosses two weeks after the due date?
Or you could agree to change the payment date to when his salary comes in and that may fix the problem?
This. If you now know why wouldn’t you adjust the date? Solves the problem
People are very quick to go down the legal route when sometimes, on that rare occasion that everyone is a rational actor, a bit of negotiation goes a long way.
Courts can be expensive, and more to the point, they take a while to get from A to B.
So is your tenant is always paying around the same date, which is 7-10 days after the agreed payment date, due to when they’re paid by their employer?
Can the payment date not be adjusted for this? It could be that they are not on a typical end-of-month payment cycle like with most jobs. I’m paid by my employer exactly every 4 weeks for example, so it meant I got paid on the 11th this month.
Section 8 is a little harsh. Are they a good tenant otherwise? Maybe work with them and find out if it is just a cash flow issue. Personally I’d keep a good tenant.
Can you not just change the payment date? Sounds like you're jumping the gun a bit here.
Changing the date is an option but what about the shortfall ? That has to be made up.
Issue seems to be timing of salary and poor communication between both parties
The state of landlords in this country - just change the payment date to when the salary comes in. Section 8 smh
If it's the salary date, I would just ask them to set up a standing order for that date, and say you won't chase until that date has passed. I wouldn't want to get into changing the tenancy agreement for a different date.
It does suggest that they're struggling though, so if they have any unexpected expenses or lose their job it will impact their ability to pay rent very quickly.
Legal action is a last resort.
The fucking banality of evil.
First, propose to change the payment date, with an interim payment of 8 to 10 days to bring it in line.
Couldn’t you just amend the rent date?
Sure but thats not a mandatory ground, so the court may decide not to give posesssion order.
However, why are you wanting to cost yourself so much money because they are a few days late? Just mentaly shift the payment date by 7 days before you start chaseing.
There has to be more to it than a few weeks late for you to want to go down this route?
Court would tell you to change the date to coordinate with his salary and have him make up the pro-rata shortfall. There, just saved you £350 in court fees!
If he's up to date on his rent, what are you worried about?