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tenant moving

Hi my very first tenant is on the move unfortunately. I just wanted to know what i charge her if she gives me notice to move on a different day to which she moved in - do i work out rent on a daily basis by dividing yearly rent by 365 or do i divide monthly rent by no. of days in current month?
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Comments

  • LydiaJ
    LydiaJ Posts: 8,083 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    It's impossible to say without knowing the terms of your tenancy agreement. Check what the wording is. If that answers your question, then great. If you're still not sure, then quote the wording here, and people will be able to interpret it for you.

    Most tenancy agreements say that you have to give notice for a "rental period" - which may run from the day of the month she moved in, or from the day of the month the rent is due, if different. But some agreements allow people to give notice any time of the month, so you need to check.

    If she's supposed to give notice ending on a different day of the month from the day she is giving notice for, then you're entitled to charge her for the whole month up to the day the notice should have been for. (Rubbish grammar but I hope you understand what I mean!) However, you're supposed to mitigate your losses by trying to get a new tenant asap, and if you get one then you have to refund her the bit of rent for the overlap between what she's paid for and what the new tenant has also paid for.

    If you do end up doing part of a month calculations, I shouldn't think it makes very much difference which of the two calculations you use, but I hope someone more experienced will be along soon to explain.
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  • follyfoot
    follyfoot Posts: 476 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    The agreement states the following since they are now on a periodic tenancy:
    Periodic
    The tenant hereby agrees with the landlord that he shall give to the landlord in writing at least one month's notice prior notice of his intention to terminate the tenancy created by this agreement, the said notice to expire at the end of a tenancy period.

    Apart from estate agents which sources are landlords finding useful in finding tenants?
  • real1314
    real1314 Posts: 4,432 Forumite
    So, the rental period is from the day they pay the rent to the day prior in the next month.

    e.g Rent payment on 8th of month, rental period 8th of March to 7th of April.

    If they give notice on 20th March, notice takes effect from 8th April and ends 7th May.
    It's a bit like daily car rental - you can't take it back after 36 hours and expect 12 hours back, you'd be charged for 2 full days.
    In your case it's monthly rental.
  • follyfoot wrote: »
    do i work out rent on a daily basis by dividing yearly rent by 365 or do i divide monthly rent by no. of days in current month?

    Tricky one particularly if you charge the same rent for a 28 day month as you do for a 31 day month.
    ...............................I have put my clock back....... Kcolc ym
  • follyfoot
    follyfoot Posts: 476 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Tricky one particularly if you charge the same rent for a 28 day month as you do for a 31 day month.
    i charge the same rental for a 28 day month
  • pinkshoes
    pinkshoes Posts: 20,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    follyfoot wrote: »
    Hi my very first tenant is on the move unfortunately. I just wanted to know what i charge her if she gives me notice to move on a different day to which she moved in - do i work out rent on a daily basis by dividing yearly rent by 365 or do i divide monthly rent by no. of days in current month?

    The simple answer is that as per the contract, she gives her notice and moves out on a rent date. i.e. if she pays her rent on the 15th of each month, then she needs to give notice before 15th March to move out on or up to the 14th April.

    Starting to mess around with extra days of rent complicates things...
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Planner
    Planner Posts: 611 Forumite
    The rent date is completley irrelevant in terms of when to serve notice/notice must end.

    The key date is the date in the month that the original fixed term came to an end. Your tenant will need to serve you at least a full calander month notice (assuming the rent is paid monthly) to end on the same date in the month that the original fixed term came to an end. They must then leave on that date.

    Dont get confused over rent dates and contract end dates if they are not the same (they often are but not always).

    The key date is the date in the month the fixed term came to an end. There should be then no part rental payments or part tenancy periods which the law doesnt recognise.
  • follyfoot
    follyfoot Posts: 476 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    do i also need to get an energy certificate for the flat for the next tenant?
  • MX5huggy
    MX5huggy Posts: 7,168 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yes you need a EPC
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    why not just accept the months notice and get a new tenant .....
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