Adjusting Rent Date

dancingqueen · 07-03-2013 9:21am #1

I am in a fixed term lease.

I want to ask my landlord (who is not very approachable) to change the rent due date, as my partner's salary now comes at a later date than before, and living from salary to salary means that we may come into issue with paying the rent on time.

Can my landlord refuse, and then subsequently issue a notice of breach of lease? We are willing to pay rent, and do not want to cause problem. We just want to make it easier on everyone.

listermint · 07-03-2013 9:25am

Em...

Why not just ask the landlord ? It may be that you are over thinking this too much. The first port of call shouldnt always be the internet.

Communication works too.

dancingqueen · 07-03-2013 9:27am

This landlord has illegally tried to terminate our lease recently. We were issued with an invalid notice of termination... since then, the landlord has been hostile, rude.

We have not been in breach of our lease however if we are, landlord can tell us to leave... therefore if we appeal to landord, and landlord refuses, then landlord has the right to tell us to leave

listermint · 07-03-2013 9:31am

Well the additional detail is more helpful.

It appears that you are requesting an alteration in the lease agreement. I suppose the landlord can refuse to alter or redraft the lease.

If you are already having issues with them then why not just try to find accommodation that wont cause you stress.

dancingqueen · 07-03-2013 9:32am

We cannot - it is fixed term, meaning we cannot give notice to leave in 28 days / one month.

even though they want us out !

Peanut2011 · 07-03-2013 9:33am

dancingqueen wrote: »

This landlord has illegally tried to terminate our lease recently. We were issued with an invalid notice of termination... since then, the landlord has been hostile, rude.

We have not been in breach of our lease however if we are, landlord can tell us to leave... therefore if we appeal to landord, and landlord refuses, then landlord has the right to tell us to leave

OP, there is no reason why you can not ask this of your landlord, however he is under no obligation to accept it. Just the same way you have the bill due dates so does he and it may genuinely not suit.

However if he was to refuse your request it would not be seen as breaching of contract, however if you subsequently failed to pay at already agreed time that would.

dancingqueen · 07-03-2013 9:35am

Peanut2011 wrote: »

OP, there is no reason why you can not ask this of your landlord, however he is under no obligation to accept it. Just the same way you have the bill due dates so does he and it may genuinely not suit.

However if he was to refuse your request it would not be seen as breaching of contract, however if you subsequently failed to pay at already agreed time that would.

This I know - this is why I am asking! Obviously our landlord is not happy that we are tenants, for some reason. Now that we need some understanding, landlord can use it to their advantage.. does that make sense?

Ando's Saggy Bottom · 07-03-2013 9:39am

The worst that can happen if you ask is he'll say no. If you don't ask the answer is always no. A simple request isn't a breach of contract as long as you abide by whatever is agreed after you ask.

variety · 07-03-2013 9:45am

dancingqueen wrote: »

We cannot - it is fixed term, meaning we cannot give notice to leave in 28 days / one month.

even though they want us out !

A fixed term contract can be broken by mutual agreement, but absolutely make sure you have a written record of the agreement!

Peanut2011 · 07-03-2013 9:46am

dancingqueen wrote: »

This I know - this is why I am asking! Obviously our landlord is not happy that we are tenants, for some reason. Now that we need some understanding, landlord can use it to their advantage.. does that make sense?

Yes, they can use it to their advantage by saying no and if you do get to situation where you can't pay on the agreed date they can take that as breach of contract.

If you have not left long on the contract I would be looking at moving anyway once the term is up as I personally would not want to rent off someone who is not accommodating to a reason.

dancingqueen · 07-03-2013 9:51am

Peanut2011 wrote: »

Yes, they can use it to their advantage by saying no and if you do get to situation where you can't pay on the agreed date they can take that as breach of contract.

If you have not left long on the contract I would be looking at moving anyway once the term is up as I personally would not want to rent off someone who is not accommodating to a reason.

Well we have 7 months left- we have been asked to leave illegally, we cannot approach them to have reason towards a few days extra on the rental date. It doesn't look good does it? We don't really want to give the satisfaction of a mutually agreed termination. We also can't be happy in the house now, after all the hassle.

djimi · 07-03-2013 9:57am

dancingqueen wrote: »

We cannot - it is fixed term, meaning we cannot give notice to leave in 28 days / one month.

even though they want us out !

If you want out then you have the option of looking to reassing the remainder of the lease to another tenant. But there is nothing to stop both parties mutually agreeing to terminate the lease, so if you want out and they want you gone then I dont see what is keeping you in the property? Just get everything in writing and signed and you should be fine.

djimi · 07-03-2013 9:59am

dancingqueen wrote: »

Well we have 7 months left- we have been asked to leave illegally, we cannot approach them to have reason towards a few days extra on the rental date. It doesn't look good does it? We don't really want to give the satisfaction of a mutually agreed termination. We also can't be happy in the house now, after all the hassle.

Dont be stupid; either you want to live happily or you dont. Why on earth would you want to be miserable just for the sake of being stubborn?

If you can get of our there and away from a bad landlord then do whatever it takes to make it happen.

murphaph · 07-03-2013 10:26am

dancingqueen wrote: »

We cannot - it is fixed term, meaning we cannot give notice to leave in 28 days / one month.

even though they want us out !

Huh? If he wants you out (has already made that clear) and you want out, there's no problem here really. Just negotiate a leave date with him and get it in writing that the lease agreement is being ended by mutual consent and that your deposit is to be refunded.

Adjusting Rent Date

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