Letting agent bought by another company who want to change rent due date

[johnfinnswife]

Hello, first-time poster here, apologies if this has come up before. I had a look around but couldn't find anything exactly like my case, so thought I'd post.

 

My lease states that the rent is due on the 1st of every month. My letting agents (friendly, regional, nearly human, let's call them Humans) have been absorbed by a bigger company. They have sent me a letter saying that I need to change the standing order so that I pay my rent into an account which has their name (let's call them Nationwide Lettings). A year ago I signed a six-month lease which rolls on every month.

 

So far, so peachy.

 

However, it also says on the letter demanding the account details change that now my rent due date is to be the 28th of each month, rather than the first. As in, my rent is due on the 1st November; they have printed up the form so that it reads that the initial payment of the new arrangement shall be on the 28th of October. There is no announcement about the date change in the letter, other than on the attached standing order form. I think they are trying to sneak something past me.

 

I phoned them explaining that I have a lease which states when my rent is due & that I am unwilling to change this date, particularly as paying the rent on the day I always have done suits my finances.

 

A very cagey, p-o'd off office drone basically blanked me as soon as I brought up the date change, telling me that it was their policy that the rent leaves my account three days early, so that they could get their rent "in time". I explained that that was great for them, but not what it said in my lease, & she basically left me hanging in a stonewall-fashion. My questions went unanswered, & my explanation (basically what I've said above) was met with a stony silence.

 

Obviously, they know what they're doing when it comes to this sort of thing & I got the sneaking suspicion that I am being strong-armed into this. I have a few questions that I would appreciate some help with.

 

Who is actually in the right here? Specifically, if I go to my bank & change the account details but leave the due date the same am I breaking the law?

 

Can the new company then force me to sign a new lease even if the one I have with the old company is still valid?

 

Is there any action they can take against me, or are they pulling a fast one?

 

What should I do if they get heavy when I politely inform them that I am willing to change the account details, but not the payment date?

 

Any help would be appreciated, as I get very stressed & scared around letting agents (being homeless does not appeal).

 

Thanks in advance,

 

JFW.

Edited October 21, 2011 by johnfinnswife
Names changed to protect the guilty.

[mariner51]

Tech,they are. Rent due date remains 1st of month. Rent payable by SO , not DD, so date on SO is date money leaves your account ie payment date. SOs are processed by BACS so 3 working days required to reach receiving bank. Only when your rent is received by their bank is the rent deemed paid. If you continue with SO going out on the 1st you will become a consistent late payer. I do accept your point about finances, but it is no diff for ensuring CC is paid on time to prevent late payment charges.

[Snorkerz]

If your tenancy agreement says rent is due on the first, that is when it has to be in the landlord/agents sticky little hands.

 

If you pay by standing order or direct debit then it is likely there is a 3 day clearing process - so money going out on 28th doesn't get to agents until the 1st.

 

If you were to walk into your bank, take the money out, and then pay it into the letting agents office or their bank branch, then you could pay on the 1st. For some banks you can do an on-line transfer the same day, so that would be okay too.

 

You certainly can not be made to sign a new lease. Your statutory periodic tenancy is with the LANDLORD, not the agency - I presume the landlord has not changed?

 

Your current SPT is not awfully secure - the agent can (may already have) give you 2 months notice with a section 21 notice for no reason whatsoever. Something as petty as arguing about the rent due date may be enough. Technically, it is only a notice that tells you the landlord could apply to the courts for possession after the notice expires. Two things to note - 1) You don't want the threat of eviction hanging over you; and 2) You could only be evicted if the LANDLORD says so, although the agents may try and persuade him (new tenant = lots of new fees).

[Steve__M]

What exactly does the contract say?

 

The contract I use gives a rent due date but interest on late payment only kicks in if it is 7 days late.

 

Does it give an option to pay by cheque - which would take a few days to clear.

 

Ultimately, as Snorkerz says, the agent and landlord could give you notice even if they are being petty about this. Does their "policy" allow you to shift the due date to the 3rd or 4th of the month (after separately paying some extra rent) so that your rent schedule fits with your pay.

 

PS. some banks now do "Faster Payments" where money is transferred in one day. Ask your bank, or find one that offers the service.

 

(Really they should all be doing it by now, but many of them need to keep the money for a few days otherwise they can't afford to pay bonuses to their staff.)