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Outstanding rent at the end of a tenancy
ET1976
Posts: 315 Forumite
Can anyone advise (or point me in the right direction to find out) the answer to this:
Assured Shorthold Tenancy (in England) begins on 30th of the month (a 31-day month) for a fixed 10 month contract. Rent paid monthly in advance. At end of contract (also in a 31-day month), tenants wish to stay until 3rd of the next month. This is acceptable to the landlord and they will just pay the additional days rent.
How many days rent are owed?
Is it correct that the last day of the contract would be 29th of the month, therefore rent paid in advance only covers up to and including that day?
Many thanks!
Assured Shorthold Tenancy (in England) begins on 30th of the month (a 31-day month) for a fixed 10 month contract. Rent paid monthly in advance. At end of contract (also in a 31-day month), tenants wish to stay until 3rd of the next month. This is acceptable to the landlord and they will just pay the additional days rent.
How many days rent are owed?
Is it correct that the last day of the contract would be 29th of the month, therefore rent paid in advance only covers up to and including that day?
Many thanks!
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Comments
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The rent is usually considered as yearly but payable e.g. monthly. I have never seen full proof and coherent apportionments on terms less than 12 months based on that.
That said, yes, the last day of the fixed term would fall on the 29th of the month.
To keep things simple I'd consider the days beyond that date as being owed in addition to the rent paid for the fixed term. I don;t think that the tenant will complain.0 -
jjlandlord wrote: »The rent is usually considered as yearly but payable e.g. monthly. I have never seen full proof and coherent apportionments on terms less than 12 months based on that.
I don't quite understand this, could you explain further?0 -
Assured Shorthold Tenancy (in England) begins on 30th of the month (a 31-day month) for a fixed 10 month contract. Rent paid monthly in advance. At end of contract (also in a 31-day month), tenants wish to stay until 3rd of the next month. This is acceptable to the landlord and they will just pay the additional days rent.
How many days rent are owed?
If the 10 month fixed term began on 30th [mm/yy] it will expire on 29th [mm/yy] (unless the contract specifies a different 'end' date).
If T/LL agree to surrender the tenancy on the 3rd of the following month, then in this specific scenario (with the term expiring in a month with 31 days), additional rent is payable for 30th - 3rd inclusive, i.e. 5 days.
Note that, if T is in occupation after midnight on the last day of the term, a statutory periodic tenancy will automatically arise (regardless of what LL/T agree).
Therefore, it's advisable to agree the surrender in writing, ideally executed as a Deed, to protect both parties' position.
To calculate the rent for the extra days, multiply the monthly rent by 12, then divide by 365 - that is the daily rate of rent.0 -
Is there anywhere I can find this contract 'law' written down as proof?0
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I don't quite understand this, could you explain further?
Sorry, did not mean to confuse you.
I was digressing, but to explain, let's see Westminster's reply, which points out what everyone would normally do (and I advise you to do that), but it is not coherent:If the 10 month fixed term...
additional rent is payable for 30th - 3rd inclusive, i.e. 5 days.
To calculate the rent for the extra days, multiply the monthly rent by 12, then divide by 365 - that is the daily rate of rent.
The formula for the daily rent implies that the rent is a yearly rent (which I believe is also in statutes).
A logical consequence is that most probably:
10 x monthly rent (what the tenant has paid) is not equal to daily rent x number of days in the 10 months fixed term.
So either the daily rate during the term was different from the one for the extra days, or in any case accounts should be settled at the end of the term.
Welcome to confusion-land
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Is the tenant disputing it? If not, why do you need proof?0
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Tell the tenant that a calendar month period can obviously only have one "30th" as it can only have one "1st".
If the tenancy had started on the 1st, surely he would accept that the 1st of each month marks the first day of a new calendar month period.
The same goes for the 30th in your case as the tenancy started on the 30th. Hence the last day of a period must be the 29th.0
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