Rent Due Dates: Your Rights as a Renter in England

Understanding your rent due date is crucial as a tenant in England. It affects when your rent should be paid, how arrears are calculated, and what actions your landlord can take if a payment is late. This article explains your rights around rent due dates, how they are set, what happens if changes are proposed, and where you can get help if issues arise—all based on current English law.

How Is Your Rent Due Date Set?

Your rent due date is the agreed date in your tenancy agreement when rent must be paid to your landlord. In England, most tenants either have an Assured Shorthold Tenancy (AST) or, less commonly, a periodic tenancy.

• Fixed-Term Tenancies: Rent is typically due monthly or weekly, as stated in your written contract. The start date of your tenancy usually determines the due date (e.g., if your tenancy started on the 5th, rent is due on the 5th each month).
• Rolling or Periodic Tenancies: The rent due date is usually the same as under your original fixed-term agreement unless a new agreement is made.

If you don't have a written tenancy agreement, your rent due date is generally the date you first paid rent. This is backed by the Housing Act 1988, Section 5 and Rent Act 1977 for older tenancies.^[1][2]

Can Your Rent Due Date Be Changed?

Landlords cannot change the rent due date unilaterally. Any change must be agreed between you (the tenant) and your landlord. A landlord seeking to change the rent due date should:

• Discuss the change with you and get your agreement in writing.
• Issue a written variation to the tenancy agreement.

If your landlord is insisting on a change you don't want, seek advice before signing anything or making payments on a new date.

What Happens If You Pay Late?

If you pay rent after your due date, your landlord may be entitled to charge interest or record late payments as arrears. Your tenancy agreement should specify any late payment charges. Under the Tenant Fees Act 2019, any late fee cannot exceed 3% above the Bank of England base rate, and only after rent is over 14 days late.^[3]

• Landlords must provide a rent statement and cannot evict you without following the correct legal process.
• If you miss a payment, communicate with your landlord as soon as possible.

Facing Threat of Eviction?

If you fall into arrears, your landlord may begin eviction proceedings. For ASTs, landlords must issue a Section 8 notice (using Form 3) if seeking eviction due to rent arrears. They must also follow the process set by the courts and the Housing Act 1988, Section 8.^[1]

• Form Name: Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy (Form 3)
• View official Form 3 and guidance
• When Used: When a landlord wants to evict for rent arrears. Example: You’re more than 2 months in arrears, and your landlord gives you Form 3 as notice to seek possession through the court.

Rent Statements and Receipts

You have the right to request a rent statement showing your payments and any arrears. This can be a useful tool if there is a dispute over payment dates or amounts. For more guidance, see the official government advice on rent arrears.

How to Challenge an Incorrect Rent Due Date

If your landlord insists on an incorrect due date, or tries to change it without your agreement, you can:

• Put your concerns in writing and keep a copy for your records.
• Contact your local council’s housing department for support.
• Apply to the First-tier Tribunal (Property Chamber – Residential Property), which hears disputes between tenants and landlords in England.

If in doubt, always seek free advice before agreeing to any rent payment date changes from your landlord.

FAQ: Rent Due Dates and Your Rights

1. Can my landlord change my rent due date whenever they want?
   No, your landlord cannot change the rent due date without your written agreement. Any change should be formalised in a new contract or an official variation.
2. What should I do if I pay my rent late?
   Contact your landlord to explain the situation and make payment as soon as possible. Late payments may incur charges after 14 days, but must follow the law. If you’re struggling to pay, seek advice from your council or Citizens Advice.
3. Does my landlord have to give me a receipt for rent payments?
   It’s good practice for landlords to provide receipts or statements, especially for cash payments. You can formally request a rent statement if needed for records or dispute resolution.
4. I don’t have a written tenancy agreement. How is my rent due date decided?
   Your due date will generally be based on when you paid your first rent, or on any clear agreement between you and your landlord.
5. Who handles official disputes over rent due dates?
   In England, disputes can be taken to the First-tier Tribunal (Property Chamber – Residential Property) for impartial resolution.

Conclusion: Key Takeaways for Renters

• Your rent due date is set in your tenancy agreement and can't be changed without your consent.
• Late fees and action on arrears are strictly regulated – know your rights and communicate with your landlord if problems arise.
• Always put changes in writing and seek support from official bodies if you face disputes or pressure.

Understanding your rights empowers you to manage rent payments confidently and handle any issues fairly under the law.

Need Help? Resources for Renters

• Private Renting: Your Rights and Responsibilities from GOV.UK
• First-tier Tribunal (Property Chamber – Residential Property) – handles official tenancy disputes
• Citizens Advice: Renting Privately for free practical help
• Shelter England: Rent Arrears and Rent Problems
• Your local council’s housing department for specific local support

---

1. Housing Act 1988
2. Rent Act 1977
3. Tenant Fees Act 2019

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation