Tenancy end date - can anyone work out the agent's reasoning?

tyler80

We originally moved into our last rental on the 21st of the month. Our initial payment on moving in was for one months rent plus 7 days pro rata (February). A standing order was then set up to pay monthly in advance on the 28th of the month, i.e. paying on the 28th for the next calendar month in full - 1st -30th/31st.

In the initial stages of purchasing our house I wrote and asked if we could give our 1 months notice at any time rather than tying it in to the rental period - no problem. As it happened, exchange coincided with the end of the month so we gave our notice, our last rental payment left our account at the end of July and we assumed our last day was paid up until the 31st (today!). My end of tenancy letter stated the 31st August and was received and acknowledged by the 30th July

The managing agents, for reasons unclear to me, seem to think our tenancy should have been surrendered yesterday (30th). Our checkout was rearranged for today and the managing agents say they will deduct a days pro rata from our rent. Is there something I'm missing as to why they think it is the 30th and not the 31st? (Not spoken to the agents yet, our checkout was done via a different agency)

jamie11

Both you and the agent are wrong, the end of the monthly period would have been the 20th, altering the payment date has no effect on the periods.

tyler80

I wrote and asked if we could give our 1 months notice at any time rather than tying it in to the rental period

Did you miss the bit above?

Our rental period ran from 20th - 19th of each month
Our payment period ran from the 1st to the 31st of each month

We had pre-arranged with the agent that we could give one month's notice without having to have it coincide with the rental period. I gave one month's notice and believe that we have paid up to and including the 31st August. For whatever reason the agent thinks it was the 30th August.

G_M

There are two quite seperate periods:

1) the payment period. This seems to be 1st to end of month, with payment on the 28th.

2) the rental period. This is unchanged. Assuming your tenancy started on 21st (unclear - you say "moved into our last rental on the 21st" but you may have delayed moving in for all we know), then the rental period is 21st to 20th of each month.

So Notice should align with the rental period, be received by the landlord by 20th, to end a month later on 20th on which date you should move out.

This can, of course be varied by mutual agreement and you say " asked if we could give our 1 months notice at any time rather than tying it in to the rental period - no problem." So assuming you got this in writing, and gave a months notice, then you should be OK to move out on any date that is a month from when you gave notice.

What date did the landlord/agent receive your months notice?

tyler80

I have the agreement in writing that we could move the end date to a month after giving notice rather than tying in with the rental period.

That's absolutely fine, as long as you give us one months notice and you are out of your fixed term; we will not be concerned about which day of the month it is.

My end of tenancy letter was dated the 28th, stating that we were giving a months notice and we would be surrendering our tenancy on the 31st of the following month. This was acknowledged on the 30th (letter may have been dated a day previously).

But irrespective of whether the tenancy should have ended on the 30th or the 31st, I've still paid up until the end of the month?

G_M

You are still confusing 1) and 2) above (see my last post).

Regarding the Notice. Posting date is irrelevant. Date received is what matters. But it was acknowledged on 30th therefore you have proof it was received on the 30th. Since you stated in your letter you would leave on 31st, and since this is clearly (more than) a month's Notice, your Notice is valid.

As for what you pay, that is a separate issue. Since you are paying from 1st to end of month, your payment on 28th July appears to have covered the period 1/8/11 to 31/8/11). If your tenancy ended on 31/8/11, then you have paid up to date. 30/8/11, If your tenancy ended on 30/8/11, then the landlord/agent owes you a rebate for one days rent.

tyler80

We surrendered our tenancy today - 31st. Notice should be at least one month, so even if they acknowledge on the 30th the end of my tenancy should have been the 31st as per my letter.

In the course of arranging the check out inspection (done with another company) it turned out they wanted to arrange for the 30th so I rearranged for the 31st. They spoke to the managing company who said that wasn't a problem but they would deduct pro rata for the extra day.

In my mind we had 'rearranged' the rental period to bring the tenancy to an end on the 31st which coincides with the end of the payment period. Hence no money owed by either party.

G_M

tyler80 wrote: »

We surrendered our tenancy today - 31st. Notice should be at least one month, so even if they acknowledge on the 30th the end of my tenancy should have been the 31st as per my letter.
correct
In the course of arranging the check out inspection (done with another company) it turned out they wanted to arrange for the 30th so I rearranged for the 31st.I don't understand They spoke to the managing company who said that wasn't a problem but they would deduct pro rata for the extra day. date of checkout inspection is irrelevant to rent payment. Date tenancy ends is what matters.

In my mind we had 'rearranged' the rental period to bring the tenancy to an end on the 31st which coincides with the end of the payment period. Hence no money owed by either party.correct[/QUOTE]
If your notice letter
1) specified the 31st and
2) gave the agent a full months notice or more and
3) you actually DID move out on 31st
then the tenancy ended on 31st

Since you appear to have paid rent to 31st, you're quits!

tyler80

My notice letter complied with points 1 to 3. Just wanted additional confirmation that I wasn't missing something obvious if/when they try and deduct a days rent from my deposit

rexmedorum

but maybe, just maybe, check your contract and everything that may have changed anything. Because both the rental period and rent due date are usually on a specific day say the 30th ratther than the more variable "the end of the month"