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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to expect the tenant to pay the rent on the same date each month?

39 replies

whoopwhoopbib · 19/01/2013 20:12

I am a new landlord (through circumstances not choice) and I pay a lettings agent to look after the property.

This is the 6th month that the tenant has been in the property and each month so far they have paid the rent on a different date throughout the month. For example the first months rent was paid on 1st, second months rent was 3 weeks late as they had forgotten Hmm. I chased this up with the agent and asked when they would have noticed the lack of payment to be told 'after a few weeks'.

From there the rent was paid roughly during the first two weeks of the month and I appreciate that the money has to go to the agent first then once they have deducted their fee etc they will pay it to me so I have always allowed a bit of extra time.

However I have just checked my bank account and have not received January's rent which I will now have to chase up on Monday.

When I rented my first home I set up a standing order so the money was taken on the same day each month and I didn't have to worry about it. So aibu in thinking this isn't on?

OP posts:
Shenanagins · 19/01/2013 20:34

Op doesn't matter about foreign bank accounts as they will have a contractual obligation to pay on a certain day. also as harsh as it sounds it is not your problem if they are having problems paying, this is a huge red flag seeing as they are new.

a strongly worded email to the agency so you have proof followed up by a phone call to them should make it clear how you stand in all of this.

sooperdooper · 19/01/2013 20:34

Also - after the phone call put it all in an email to them, with the dates of late payments etc listed

Shenanagins · 19/01/2013 20:38

Op x post, you will need to check the terms of the contract to see ifits too late but could be.

be really firm on this one.

whoopwhoopbib · 19/01/2013 20:42

Ok I have just had a look through my paperwork and the only thing I seem to have is a letter outlining what general service they were going to provide for me and that a management agreement would be sent to me to sign but I can't recall having this.

I also have the statements which they send me shortly after the rent has been paid.

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TheDoctrineOfSnatch · 19/01/2013 20:44

YY shenanigans I agree it's not the OP's problem but it might be an explanation if funds were transferring from overseas and one the tenant could address by starting the transfer a couple if days earlier.

I'm inclined to think the problem is with the agency, though, either not sending the money on quick enough or not making the procedure for payment clear to the tenants

LineRunner · 19/01/2013 20:55

Do you even have a signed contract with the agency?

Shenanagins · 19/01/2013 20:58

Whoop phone them up and ask them what date the tenant is contractually obliged to pay them. if they say there isn't one change agent as that is very sloppy. then ask them how long it then takes to pay you.

doctrine, the reason i say a foreign bank account type scenario is a red herring is that a mortgage company wouldn't accept such a reason so a landlord shouldn't either. it sounds really harsh but as a landlord you always have to assume the worst especially if they are new tenants.

whoopwhoopbib · 19/01/2013 21:07

Thanks shenanangins I think I will go to their office on Monday rather than phone otherwise I think I may just get fobbed off by the receptionist.

I know I signed a form to say that they were going to advertise the property and find a tenant but I don't remember receiving anything once they had found the tenant.

Seeing this all written down makes me realise how stupid and lax about the whole thing I have been which is why I would rather visit in person so I can ask to see the contracts etc.

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floweryblue · 19/01/2013 21:12

I let a house through an agent, a few years ago.

The tenants had a payment date and the agents were meant to pay me 'up to' three weeks later, ie I didn't get payment when the tenant paid, there was an administrative delay by the agent.

But this was all in my contract with the agent, was properly explained to me and I never had any problems even though the agent warned me that the tenant was 'risky'.

I'm not sure if these contracts are still available but you can get agents who, for a higher commission, will guarantee the rent is paid, regardless of whether the rent has been paid/property is actually let.

whoopwhoopbib · 19/01/2013 21:18

Looking on my statements it would seem that the agent pays me the money 2-3 days after the tenant has paid them and it is the tenants dates which are all over the place. Then again they could just be plucking any old date out of the air.

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LineRunner · 19/01/2013 21:26

If you haven't got a contract I'd switch agent and get a regular guaranteed payment for maybe a higher % to the agent.

I do sympathise - I rented my flat out when I worked abroad for a while and it was the most stressful crap because the agent ripped me off.

FredFredGeorge · 19/01/2013 21:40

Assuming it's a normal rental contract If they are due to pay their rent on the 31st Jan, then you will not be able to force them to leave until the end of March (2 months notice from the next rent due date so if you served the notice now...) when the contract period ends it just becomes a different type of tennancy and not the people being thrown out.

You need to be very careful serving them notice to leave though, as remember you have no right to show people around in their absence at all and if they are in the property then they'll tell any prospective tennant that you were kicking them out. It's likely to guarantee you will not be able to find new tennants until after they've moved out. Costing you a fair bit more than a bit of delay in rent being paid, however of course don't delay the actual kicking them out if they are not paying.

holidaysarenice · 20/01/2013 12:34

Get the dates the tenant paid before you go nuts. I know a tenant with a dd for the 1st, agency doesn't pay landlord until anything from the 15th to 26th dpendin on when they do the paperwork!!

The fact they are also earning interest/offsetting their own mortgage has, of course, nothing to do with it!!!

whoopwhoopbib · 21/01/2013 19:43

Update: spoke to agent who said they were aware that tenant was late in paying but had now paid and they had been chasing it.

Apparently they have a choice as to how they pay so can't be made to set up direct debit etc.

I should also be receiving copies of the paperwork in the post so fingers crossed.

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