Private landlords- amend starting date in AST agreement

[anxious_ant]

Apologies if this is not posted in the correct section.
I am a private landlord and have signed an AST with new tenants and they have recently advised that they would need to delay the starting date.

Instead of the 1st of month they will be moving in 18th of the month (TBC).

2 questions please:
1) Would it be better to draft a new contract? Or can we attach a tenancy amendment letter? Technically this just affects the start date
2) Regarding payment, do I include the pro-rata rate for the incomplete month in the new contract/amendment letter? What is the best way to handle this?

Appreciate any advice. TIA!

[Eric Mc]

AST?

[sociopath]

Eric Mc said:

AST?

Assured short term tenancy

[nickd01]

Why don't you just start the tenancy from the new date they want to move in? Seems a lot easier.

[sociopath]

anxious_ant said:

Apologies if this is not posted in the correct section.
I am a private landlord and have signed an AST with new tenants and they have recently advised that they would need to delay the starting date.

Instead of the 1st of month they will be moving in 18th of the month (TBC).

2 questions please:
1) Would it be better to draft a new contract? Or can we attach a tenancy amendment letter? Technically this just affects the start date
2) Regarding payment, do I include the pro-rata rate for the incomplete month in the new contract/amendment letter? What is the best way to handle this?

Appreciate any advice. TIA!

Question 1, I don't think it matters, but personally I'd draft and sign a new contract.

Question 2 is up to you, but I've always done complete months from the start date rather than calendar months. So 18th to 18th.

[superlightr]

anxious_ant said:

Apologies if this is not posted in the correct section.
I am a private landlord and have signed an AST with new tenants and they have recently advised that they would need to delay the starting date.

Instead of the 1st of month they will be moving in 18th of the month (TBC).

2 questions please:
1) Would it be better to draft a new contract? Or can we attach a tenancy amendment letter? Technically this just affects the start date
2) Regarding payment, do I include the pro-rata rate for the incomplete month in the new contract/amendment letter? What is the best way to handle this?

Appreciate any advice. TIA!

"technically" it just affects the start date ! The problem with lettings is that it is all about being technically correct and compliant.

What does your letting agent say?

Have a think along the lines of the notices and information you have to give to the tenant, the timing of these and the proof of receipt of these.

ie - Prescribed information - have you served this on them already?
Deposit is this already paid? How does this interact with each other and the AST?

How to rent guide - have they signed receipt of this already?

If you give a s21 how does this affect the dates in that?

etc

Edited by superlightr on Tuesday 17th May 12:28

Edited by superlightr on Tuesday 17th May 12:29

[andy43]

I’d just do a new contract. I always get them to sign a form to say they’ve had the how to rent, Epc, deposit info etc etc and they sign that at the same time as the contract. I’d redo the lot.
Can’t imagine how tricky it’d be to word a variation in start date and add that as an addendum to an existing contract!

[Freshprince]

Just do a new contract and re-serve all the prescribed info, deposit protection etc. It’s hassle but cleaner.

Also, if the old tenancy has been signed etc, get the termination documented.

Pro rata the rental amount by dividing annual rent/365*number of pro rata days. But this is because I like my rents to hit on the same day as easier to check, if it’s just one, it shouldn’t matter to much.

[anxious_ant]

Many thanks for all the advice, greatly appreciated.

Deposit was collected and have been transferred to a protection scheme. I've used DPS.
Prescribed information has also been given to the tenants, also used template provided by DPS.
Contract drafted but not signed, as they've mentioned about the tentative new moving in date.

I will take advice here onboard and will re-draft the contract.
Regarding DPS, I will cancel and re-issue, but will check with the company what's the best course of action.
I've had a look at the prescribed information template but it doesn't seem to indicate tenancy period, so might not need to redo?

edit: I have forwarded the How to Rent guide but never asked for a signature. Is there a better process for this please? Should I ask for signature to confirm they've received and read the guide?

Edited by anxious_ant on Wednesday 18th May 13:21

[andy43]

I print a homemade word doc with a list of crap paperwork issued to meet requirements and they sign and date after each item.

[Sir Bagalot]

andy43 said:

I print a homemade word doc with a list of crap paperwork issued to meet requirements and they sign and date after each item.

Essential

[Sir Bagalot]

sociopath said:

Question 2 is up to you, but I've always done complete months from the start date rather than calendar months. So 18th to 18th.

You mean 18th to 17th don't you.

OP, only one AST I've issued has started on the 1st. All the others are on odd start dates, only once have I had a request to move the payment date to the 1st and once I provided the figures to facilitate this I never heard back.