one year fixed term ending, tenants would like an extension of 7 days

erewyn

one year fixed term ending, tenants would like an extension of 7 days...
so, should they pay rent pro-rata or pay another months rent?
all comments welcome,

poppysocks1

I rent, and i would expect to pay pro-rata for the time I am there, not for another months rent, that seems the fairest option.

mlz1413

If they have been good tenants and if it's no hardship to you then I would allow pro-rota.

If they have always messed you around then stick to the date.

Do you have new tenants lined up, will the extention have any knock on effects?

Planner

The answer will depend on who is doing the leaving. Have you asked the tenants to leave for what ever reason/said you will not renew or have the tenants given you notice?

simple2rent

My view is pro-rata is fair, the only way you could really justify one month's rent is if you will lose a month's rent from another tenant moving in.

I also believe in what goes around, comes around. Be fair in business and life will treat you accordingly .... just my view :-)

.. oh, and don't forget to ensure everything is in wrting just incase there are any subsequent disputes.

erewyn

thanks, the contract was 1 year, then it does not say about extensions, tho I think verbally we said we would do monthly rolling, etc. but as it is they would like to say for 7 days after the end date of their one year contract, they have been good tenants, and I would like to be fair, but wanted to see what other landlords would do in this situation.

I'm sure when i rented from a letting agency they would not calculate pro-rata, and we did pay for 2 weeks even though we had moved out by then.

I guess I will need to see what the new tenants are wanting, if they would like a date within those 7 days then I would need to say sorry to the leaving tenants.

I did read that after the AST if a new contract was not signed, it turned to periodic, and 2 months notice would be required.

Lavendyr

erewyn wrote: »

thanks, the contract was 1 year, then it does not say about extensions, tho I think verbally we said we would do monthly rolling, etc. but as it is they would like to say for 7 days after the end date of their one year contract, they have been good tenants, and I would like to be fair, but wanted to see what other landlords would do in this situation.

As a tenant if I wanted an extension by days I would expect to pay pro rata. If the landlord wanted a full month for just a few days, I would just give notice to expire at the end of that month instead, so any new tenants would have to wait an extra month. Better all round to do it on a pro rata basis, IMHO.

erewyn wrote: »

I guess I will need to see what the new tenants are wanting, if they would like a date within those 7 days then I would need to say sorry to the leaving tenants.

Just remember that if you do say no, they could conceivably stay there anyway for a further seven days and cause you to be in a difficult situation with your new tenants - it would take you far longer than seven days to apply to the court to evict them. I'm not saying it would be the right thing for them to do, but ultimately if they want to stay in for another seven days, I think you could find it difficult to get them out in that time. At least on a pro rata basis, you get some money for it and everyone leaves happy.

erewyn wrote: »

I did read that after the AST if a new contract was not signed, it turned to periodic, and 2 months notice would be required.

Two months notice from you, one month from the tenant, to expire at the end of a rental period.

tbs624

You are legally entitled to charge them a further one month's rental. However, if they pay that but then they move out after the 7 days they still retain possession of the property until the expiry of the full month.

You have to make a personal decision on whether that is how you would prefer to do it or whether it would be simpler to agree to the 7 days and then get your new T in asap. Of course they may agree to 7 extra days but then decide to stay for 11.............

Notlob

Tenancy can be terminated by mutual consent so if both parties are happy to terminate the tenancy 7 days after the end of the current fixed term then no problem, rent due only for 7 days if all goes to plan.

Notlob