Landlord Moving Out Prorata Amount

pompeyred

Our original assured shorthold tenancy contract clearly states that it was to end on the 1st March (Up to and including). At the start of the contract I was told by my LL that after this date it would be a rolling month by month contract.

We were given two months to leave by this landlord which was to be the 5th April (Served 5th February). We were offered and gave a counter one months notice to leave on the 3rd April.

I have always assumed that the implied 'rolling monthly' contract starts on the 1st of each month and runs upto and including the 1st of the following month (Given the previous AST end date) and as I am vacating the property on the 3rd I have worked out that I should be paying an annualised daily rate for the 2nd and 3rd of April.....

I am told by my landlord that I must pay 6 days from the 29th March through to and including the 3rd April - are they trying to pull a trick here, I really dont want to have to hand over money when I am losing hand over fist already being here for the last 6 months....?

I have an associated thread detailing some of the problems we have had with this landlord (Every other place we have lived has never presented problmes like we hav sen with this landlord) which is located here... <sorry I can not post links but it is topic number 1517571> and given that we have lost so much money, time and effort I am loathsome to just willingly give more money, my point being they are trying to use contractual elements when it suits them but ignore it when we mention the repairs and defects we have reported which have been ignored.

Thank you so much for your help so far, I hope I am not taking too much of your goodwill.

sooz

What date did you move in?

pompeyred

Hi,

We moved in on the 29th August 2009. Thanks for your reply

Regards

sooz

Your dates are very confusing. Your LL has made a complete mess of this.
However, if you moved in on the 29th August (I guess 2009 is a typo..unless you are a time traveller), your 6 month AST should have ended on 28th February (up to & including). Someone got confused as it was probably not a leap year, and wrote 1st March.
In which case your LL is right, you need to pay for 29th March, 30th March, 31st March, 1st April, 2nd April & 3rd April.

sooz

pompeyred wrote: »

I have always assumed that the implied 'rolling monthly' contract starts on the 1st of each month and runs upto and including the 1st of the following month

No, the rolling contract (or periodic tenancy) would start the day AFTER the end of your AST. The new rolling 'month' would start on whatever day this fell on. So in your case, the 29th is the start date of your periodic month, & the 28th the last day, of each month.

pompeyred

So the point that they have entered the 1st March on the document bears no impact on the contract..... I am not deliberately being difficult, I have had nothing but problems with them quoting contractual terms lately...... if only tey would do there side of the bargain none of this would have become an issue.

silvercar

If the landlord gave notice on the 5 February then it should have been 2 months notice to end on the day before a rent day. Having missed the opportunity to tell you to leave by 28 March, you should have had notice to leave by 28 April.

You then can counter-notice, only having to give one months notice but again to end on the day before a rent day, so you could have given notice to leave on 28 March or you could (and still can) give notice to leave on 28 April.

That you and the landlord have accepted your own amendments is a matter that you have clearly agreed on, but is worth pointing out in case this is held against you.

Having said that, your monthly rent covers the period to 28th of each month, so any extra days would folllow from that date.

sooz

I guess it would depend on the exact wording of the contract.
It should somewhere state that it's an AST, with a period of 6 months.
It should list a start date.
In the end date, someone made a mistake. If the two items above are listed correctly, I don't think it would have an impact IMO.
However, is there a catch all clause somewhere, stating that the rest of the contract is still valid, even if there is a mistake in it? (more professionally written...but something like that)

sooz

surely the day BEFORE a rent day? The OPs rental period started on the 29th, so he should pay on the 29th, & leave by the 28th.

pompeyred

Thanks.... for your replies...

To be honest I would rather spend many more pounds than pay this amount to prove a few contractual terms based on their arrogance to use it againt me when it suits them while not using it to the point when having to perform their own obligations within.

Can they withhold my deposit for this...?

silvercar

sooz wrote: »

surely the day BEFORE a rent day? The OPs rental period started on the 29th, so he should pay on the 29th, & leave by the 28th.

Thanks, amended now.