Should I accept fortnightly rent payments after serving a Section 21?

Should I accept fortnightly rent payments after serving a Section 21?

0:02 AM, 2nd July 2024, About 3 weeks ago 15

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Hi, I have tenant who has been served a Section 21 (mortgage increases have taken the profit away and I’m too concerned about the influence of the Labour government to continue in the PRS)

The tenants have told me (told me not requested) that they will be paying rent fortnightly (not as agreed monthly)

I’m concerned that agreeing to this would constitute a change to the agreement and might cause problems when this gets to court. They are still paying so don’t want to antagonise them and would like this to remain as amicable as possible.

Any advice would be greatly appreciated.

Thanks,

Kevin


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Reluctant Landlord

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13:47 PM, 2nd July 2024, About 3 weeks ago

if the tenant requests to pay you fortnightly instead of monthly then there is nothing stopping you accepting formally accepting this without making any changes to the AST. Just get it formally in writing from him that that is what he is requesting and you are accepting - everything else as per AST remains the same.
As a reason is not given for a S21 payment dates or any agreed changes to them have no effect on this. If you have ticked all the boxes, then the judge has to grant possession and it wont need a court date.

Tenant might not be aware of this and he may think that offering this 'change' could 'invalidate ' the S21 in some way. It won't.
I'd accept payment fortnightly and still press on with possession if that is what you want to do as this will make no impact on the possession process itself....and remind the tenant still needs to pay the rent on whatever the payment date is agreed until such time as the tenancy ends. Even more important to tell him if he fails to do so the Council wont have any obligation as a 'duty' either as non payment is deemed as making himself voluntarily homeless.

Jack Craven

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14:20 PM, 2nd July 2024, About 3 weeks ago

Reply to the comment left by Reluctant Landlord at 02/07/2024 - 13:47
Even more important to tell him if he fails to do so the Council wont have any obligation as a 'duty' either as non payment is deemed as making himself voluntarily homeless.
I,m cofused by this comment, as I understand it councils are telling tenants not to pay the rent so that the bailifs will be sent to eject them, then they can help, so are the councils making the tenants voluntarily homeless.?

Michael Booth

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18:42 PM, 2nd July 2024, About 2 weeks ago

Reply to the comment left by Jack Craven at 02/07/2024 - 14:20
No the council will not be telling them to not pay the rent ,what you are confusing is the council will tell them not to leave on the date of the s21 .

Paddy O'Dawes

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18:57 PM, 2nd July 2024, About 2 weeks ago

Tenant appears to not want to pay a full month's rent and move mid month so they are getting themselves the option of not paying the 2nd half of the month if they can get gone. At least that's my interpretation.

Smallfry

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21:41 PM, 2nd July 2024, About 2 weeks ago

Reply to the comment left by Paddy O'Dawes at 02/07/2024 - 18:57
That's fine by me if that's their plan I just want vacant possession to refurb and sell can't keep making a loss and can't risk the actions of the angry redhead

DPT

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10:06 AM, 3rd July 2024, About 2 weeks ago

Be careful they don't overpay because a month is not 4 weeks. That could invalidate your s21.

Paddy O'Dawes

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10:08 AM, 3rd July 2024, About 2 weeks ago

Reply to the comment left by Smallfry at 02/07/2024 - 21:41
See if they will be straight with you about it then and either grudgingly or not give them a nod and see if it smooths your recovery of the property. In some ways I am not cool with this as a commitment is a commitment but it would certainly show how reasonable you are if it ever gets hairy.

Smallfry

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11:11 AM, 3rd July 2024, About 2 weeks ago

Reply to the comment left by DPT at 03/07/2024 - 10:06
Thanks I'll make sure that when (if)
They pay the other half of this month's rent I let them know when next payment is due to make sure I'm straight with them
To be fair they've always been good tenants and I am very sorry to have to sell but the figures just don't work anymore mostly my fault as I haven't been doing annual rent increases and the rent is 70% of market rate

DPT

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12:45 PM, 3rd July 2024, About 2 weeks ago

Reply to the comment left by Smallfry at 03/07/2024 - 11:11
My point was that if your rent was £1000 per month, the fortnightly rent would be 1000 x 12 / 52 x 2 = £461.53

Smallfry

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13:05 PM, 3rd July 2024, About 2 weeks ago

Reply to the comment left by DPT at 03/07/2024 - 12:45
Yes I do understand that problem is that they haven't asked me if they can pay fortnightly they have simply stated that they will be paying that way and have paid half of this month's rent whatever I say they will pay what they want when they want
I'm just grateful that so far they have continued to pay rent
So assuming I have no way of influencing what is paid surely the only thing I can do is to ensure that they know the date that the payments they have made covers the rent until
Surely no judge would blame me for them overpaying if I have no control of when and what they decide to pay?

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