Tenancy date slippage

TastyChicken

Hi. I have been renting a flat for the past 6 years, initially on a 12 month contract and since then on a periodic contract.

The landlord wants me to now sign a new 12 month contract, which I am happy to do.

However, there has been a noticeable change in the contract date.

I first moved in on Dec 10th 2004, which is the date on the original agreement and Dec 10th is the day that my standing order is set to pay the rent.

The date on the new contract that the agent sent me is Dec 4th 2010. When I queried this with the agent, he told me that the tenancy runs from the start date to the date a year later (minus 1 day), so from Dec 10th 2004 to Dec 9th 2005 for example, and that you therefore lose a day a year, which is why the date on the new contract is Dec 4th.

As far as I can see, the contract might terminate 1 year minus 1 day later, but the new contract should start exactly 1 year later.

Can anybody please advise me whether I am right, or whether the agent is?

princeofpounds

This is just a bit weird. Why does it matter when the new one starts as long as you aren't paying double rent?

A tenancy runs from 00.00 on the first day until 23.59.59.9999999.... on the day before a year later, if annual.*

If you sign a new contract that will be running from 00.00 on the same day a year later.

eg start on 10th, finish on 9th, start new one on 10th again.

If you were on a periodic contract then you don't lose a day each year or anything silly like that (I assume that's how they get to the 4th?). You are still on the same contract, it is valid until the 9th and your new one should be in place for the 10th.

But it doesn't matter when the new tenancy starts as long as a) both parties mutually agree to it and b) you aren't being asked to owe rent on the new contract before you have used all the rental days already paid for on the old contract.

* assuming possession is freely handed over at the first possible moment and freely surrendered at the last possible moment

Wee_Willy_Harris

In short..........You are.

Cicmatag

I'm having the same problem. We've moved into our house on the 5th March this year and today we've received a letter from the agency saying that they are happy to renew the contract but if we don't want to, we have to move out on the 4th March 2011. Fair enough, the contract runs from 00:00 on the day of commencement and ends at 23:59 the date before (a year later) so it's for exactly one year. However the problem is that the letting agent's office doesn't open until 9am in the morning so I can't pick up my keys at midnight to start moving in. Also, on the moving out date I have to hand the keys back before 6pm (that's when the office closes) so practically I lose 9 hours in which I have nowhere to go! If I asked the agent to come and pick up the keys a few minutes before midnight (and also the new one to hand me the keys at 00:01am) they wouldn't be very happy even though I'm in my rights to stay in the property until that time / start my tenancy right after midnight. So it looks like it's always the tenant who gets the short straw...

925dancer

Cicmatag wrote: »

I'm having the same problem. We've moved into our house on the 5th March this year and today we've received a letter from the agency saying that they are happy to renew the contract but if we don't want to, we have to move out on the 4th March 2011. Fair enough, the contract runs from 00:00 on the day of commencement and ends at 23:59 the date before (a year later) so it's for exactly one year. However the problem is that the letting agent's office doesn't open until 9am in the morning so I can't pick up my keys at midnight to start moving in. Also, on the moving out date I have to hand the keys back before 6pm (that's when the office closes) so practically I lose 9 hours in which I have nowhere to go! If I asked the agent to come and pick up the keys a few minutes before midnight (and also the new one to hand me the keys at 00:01am) they wouldn't be very happy even though I'm in my rights to stay in the property until that time / start my tenancy right after midnight. So it looks like it's always the tenant who gets the short straw...

Forgive my stupidity but it is normal practice for you to start your new tenancy on the day your previous one ends, thus preventing your predicament. In fact, I always recommend and prefer myself, to have an overlap period, moving out and getting the old place spic and span in one day is a nightmare and I like to have at least a couple of days overlap to sort it all out. Yes you pay a couple of days double rent but it's worth it to reduce the possibility of deposit deduction hassles.

In response to the OP, he's right. Start 10th, ends 9th, always and forever unless otherwise stipulated in the original and/or subsequent agreement.

Ulfar

Sorry Landlord is wrong if your contract is yearly or 12 monthly

Contract runs 10.12.04 to 09.12.05, new contract runs 10.12.05 to 09.12.06 and so on. The Year includes the start date which is the 10th and the end date which is the 9th. Before they mention it leap years have no effect as your contract is 12 monthly or yearly. If it was 365 days then they would have a point.

You could always ask for a refund of 4 days as they have overcharged you. It just goes to show any idiot can be a LA.

G_M

Agtee with all the above. LL is an idiot.

However as you've been a periodic tenant it actually doesn't matter when the start date is: You will have a contract from whatever date you wish to agree until a year later.

But as mentioned, your rent payment period remains the same, so assuming you've been paying rent on the 10th of each month, for the following month (ie until 9th) then just continue as before. At the end of the year there'll need to be an adjustment, however if your contract ends and you move out on a day OTHER than the 9th.

Or you could agree to do the adjustment now. Pay a few extra days rent (or get a refund as appropriate) to re-allign your rent-payment date with whatever new contract date you've agreed.

julie03

mines the same as above always starts the same time every year