Rent payments

Trebor01

If a tenant stays in a property after the agreed rental period according to the date set within the tenancy agreement, (in this case 1.5 weeks) how much can they be charged legally ?

Tao81

Why are you asking this?
Shouldn't you just be working out what you owe over that time pro-rata and offering that to your landlord??

Trebor01

Who said I was the tenant.......?

jjlandlord

(assuming an assured shorthold tenancy here)

If the tenant remained at the property following expiry of the fixed term, a statutory periodic tenancy automatically arose. In that case, the tenant has to serve a notice to quit at least 1 month in advance (expiring at the end of a tenancy period).

So if they notified LL of their move only as it happened LL is entitled to charge rent as if their notice started when they notified him (which would be what in effect happened). Unless LL accepted their moving out as ending the tenancy and thereafter did not treat the tenancy as continuing.

So whether LL can only charge for the 1.5 week or more really depends on the circumstances.

Tao81

Trebor01 wrote: »

Who said I was the tenant.......?

OOPs sorry!

Benji

If T did not give notice to landlord, then rent would be chargeable for one extra month following the end of the current tenancy period (rent in lieu of notice).

If OP can give us the full scenario, we can give a full answer!

may_fair

Trebor01 wrote: »

If a tenant stays in a property after the agreed rental period according to the date set within the tenancy agreement, (in this case 1.5 weeks) how much can they be charged legally ?

Is the property in England/Wales?
Is the T an individual, as opposed to a company?
What date did the term commence (dd/mm/yy) and how was the length of term expressed in the contract?
What does the contract say about the rate of rent/when payable etc?
Has the T remained in occupation after fixed term expiry?
Does either the LL or the T wish to end the tenancy; has either served notice?

Trebor01

Is the property in England/Wales? England
Is the T an individual, as opposed to a company? Yes
What date did the term commence (dd/mm/yy) and how was the length of term expressed in the contract? Start date irrelevant, but contract date was for 6 months
What does the contract say about the rate of rent/when payable etc? Was paid for 6 months upfront
Has the T remained in occupation after fixed term expiry? Yes as mentioned in the question 1.5 weeks !!
Does either the LL or the T wish to end the tenancy; has either served notice? Yes the LL has served notice.

BitterAndTwisted

A full month's rent. Anything else would solely be by negotiation with the landlord

G_M

Trebor01 wrote: »

If a tenant stays in a property after the agreed rental period according to the date set within the tenancy agreement, (in this case 1.5 weeks) how much can they be charged legally ?

Depends what you mean by 'rental period'.

Yorkie1

Assuming a monthly rental period from the above facts then surely, now that it has gone into the periodic phase, the tenant's period of notice to be given is 1 month and to expire at the end of the rental period.

So, if T gives notice only when they move out 1.5 weeks into the first month of the periodic phase, their notice must expire at the end of the second month and therefore they are liable until then? It's not just 1 month's notice irrespective of where they are in the rental period?