What does the law say about when is rent due, payable and in arrears?

Due

Rent becomes due on the morning of the day specified for payment in the tenancy agreement. This day is commonly referred to as the ‘rent day’ and is a core term of the tenancy.

Payable

Rent may lawfully be made payable on any day including a Sunday.

Rent due upon a bank-holiday will not be payable until the following day.

If a term of the tenancy is to pay rent by Standing Order, this will restrict the days the rent will be received by the landlord as the bank may not process Standing Orders on weekends and although the bank may deduct the rent from tenant’s available balance it may not be credited to the landlord until the next working day.

Overdue

If rent is not paid by midnight on rent day then it is held to be in arrears.

References

Re Aspinall v Aspinall (1961)

Dibble v Bowater (1853)

Child v Edwards (1909)

s.1 Banking and Financial Dealings Act 1971