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Question

Changing the Rent (England) | During the Tenancy (England) | England

Tenant paying rent in arrears sets a precedent?

26 Apr 2022 | 1 comment

The tenancy agreement stipulated that the tenants should pay in advance but since the beginning of the tenancy in 2010 we have let them pay in arrears as they were on benefits. Can we now ask them to pay in advance or have we set a precedent? The agreement to pay in arrears was made verbally

Answer

1 Comment

  1. guildy

    From what’s described, the tenancy has been varied by agreement in 2010. If they were late paying rent, that would be different, but as it was agreed (even verbally), it is nevertheless an agreed variation to the contract terms.

    The length of time would also be a factor if there were a dispute about the agreement.

    In our view, the only way to vary it back again is by another agreement (which could be verbal again but better in writing).

    The only time it might be possible to revert would be if they were no longer on benefits, and you could show the agreement was only in place for that sole purpose with an understanding that it would revert should that cease. This all becomes tricky if it were a verbal arrangement, though.

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