Outstanding rent at the end of a tenancy

ET1976

I have tried spelling it out more clearly (in writing) so hopefully they will understand now. For some reason they seem to think that because they are paying rent monthly, it covers a calendar month so up to and including 31.

chappers

ET1976 wrote: »

That a 'month' means 30th - 29th in this case.

That's how it would work for a 6 or 12 month tenancy.

BitterAndTwisted

Strictly you would be entitled to ask the tenants to pay for another complete month's rent by overstaying past the 29th. It might be worth pointing this out to them if they're quibbling about paying for one day's rent. A tenancy which started on the 30th must end on the 29th as to go from the 30th to the 30th is one month and a day.

sonastin

ET1976 wrote: »

I have tried spelling it out more clearly (in writing) so hopefully they will understand now. For some reason they seem to think that because they are paying rent monthly, it covers a calendar month so up to and including 31.

Alternatively, you could accept their point of view, but ask them for an extra 2 days rent to cover 30th and 31st of whichever month they moved in on as well, if their first rent payment was for the whole calendar month of the following month (i.e. 1st -31st)

jjlandlord

sonastin wrote: »

if their first rent payment was for the whole calendar month of the following month (i.e. 1st -31st)

That's the thing, a monthly payment should in principle not cover a calendar month's worth of rent, but 1/12th of the yearly rent...

But indeed, if OP accepted their view that the month runs from 1st to 31st, then they may then agree that they owe 30th-31st of the very first month. Which would be equivalent.

may_fair

ET1976 wrote: »

I have tried spelling it out more clearly (in writing) so hopefully they will understand now. For some reason they seem to think that because they are paying rent monthly, it covers a calendar month so up to and including 31.

What day of the month is rent payable? On the 30th or another day?

I agree with B&T, if they want to be awkward about this, you've no obligation to agree a surrender five days after the fixed term expires/periodic tenancy begins. I'd tell them that if they will not agree to paying five days' rent up to the 3rd, I will claim for rent in lieu of notice for the whole of the first month of the periodic tenancy, up to the 29th.

ET1976

may_fair wrote: »

What day of the month is rent payable? On the 30th or another day?

30th.

I'm sure it will all be fine now I've put it in writing clearly, just waiting to hear back from them.

chappers

jjlandlord wrote: »

That's the thing, a monthly payment should in principle not cover a calendar month's worth of rent, but 1/12th of the yearly rent...

But indeed, if OP accepted their view that the month runs from 1st to 31st, then they may then agree that they owe 30th-31st of the very first month. Which would be equivalent.

Thats how it always works in the States extra rent would be paid upto the last day of the month with the term of the contract starting from the 1st of the following month. Pro rata rent over there however is nearly always deemed to be a 30th of the monthly rent.

jjlandlord

chappers wrote: »

Thats how it always works in the States extra rent would be paid upto the last day of the month with the term of the contract starting from the 1st of the following month. Pro rata rent over there however is nearly always deemed to be a 30th of the monthly rent.

With respect, how is the US way even slightly relevant here?

chappers

jjlandlord wrote: »

With respect, how is the US way even slightly relevant here?

It is another view on how to possibly deal with the pro rata portion of the rent in the way you pointed out yourself and that the suggestion that they owe the odd days upto the 1st of the month is not a ridiculous idea.
I was in no way suggesting that you use what goes on in another country as an argument to put to your tenants but merely pointing out that rental periods could be dealt with in this way.