Moving from Rent arrears to Advance rent

Landlord Discussion Legal
1

Hi,

I’ve been renting to a tenant for about 7 years and 8 months now, through Slough council, who were paying me directly every 4weeks in arrears. Due to the Universal Credit transition, from August 2024 she now pays me directly. Due to this transition, she owed me 5 months of rent, but as of last week is now up to date.

To prevent this happening again, I would like to change the payment schedule whereby she pays rent in advance i.e
-Rental arrear plan -Currently 09Mar-30March rent is due 28thMar 2025
-Advance rent - proposed change - 09Feb-02March rent is due 28thFeb 2025

It doesn’t say in the tenancy agreement if rent should be paid in arrears or advance. The agreement was a fixed term agreement, but now a periodic tenancy agreement.

I contacted the tenant via email/letter to make this change, and have given her 1months rental notice (i.e reasonable notice), but she has refused to do this. Her reason being, it doesn’t say I can do this in the tenancy agreement, and it’s the equivalent of her amending the agreement by sending me a letter to reduce rent by £500. She also said I should stop contacting her and its harassment.

2

If she has been there over 7 years paying in arrears, why rock the boat?

3

Some background that might help;
When she went 5months into arrears, and I served a section 8, went to court, and possession order was about to be issued, but then judge realised I only gave her 13days notice instead of 14.

The 7+ years were paid on time, directly from the council. Now payments are coming in late and I can’t afford to not receive rent. If she goes from arrears to advance rent, I can manage the eviction process better if she doesn’t pay rent. It’s unconventional to receive rent in arrears.

The ‘boat’ has already been rocked here.

4

The default position for rent payment is in arrears. Landlords who want rent in advance must do it through the contract. If yours doesnt include this clause, you can only request the change, but you cant insist on it.

5

Hi David,

Have you got a link or source of it being the default position? This would be a massive help.

My understanding on the matter was, I could provide a month’s notice to clarify my position, in a similar manner to increasing rent.

6

That’s interesting. I had assumed it was in advance considering the first rent payment is made on the date the T moves into the property.

7

David is correct Statute reads in arrears. It’s your contract that makes it in advance .
I’ve heard Tessa and David Smith say this on courses

1 Like
8

Have you got a link or source to verify this?

9

I couldn’t find any statutory reference to rent payable in arrears. In fact the only reference I could find at all was on the Shelter website, (search on the words “Rent is payable in arrears”). This could mean that its either case law or established common law.