Rent query

Darkmetman86

Hi all,

I have a 6 months sub-tenancy agreement and I am unsure as to how paying my last months rent works, so any help would be appreciated please.

I signed the agreement on the 12/01/13 and paid my first months rent in advance plus a deposit.

Now the agreement term is the 12/01/13 to the 12/06/2013

So I have paid for the following so far:
12/01 - 11/02
12/02 - 11/03
12/03 - 11/04
12/04 - 11/05

The payment due on the 12/05 will take me up to the 11/06, with the 12/06 being the end of the agreement.

So my question is, if I've been paying my rent in advance every month and the agreement ends on the 12/06 (so I should have vacated the property by then) do I have to pay rent on the 12/06?

Here's the exact wording in the agreement:

[FONT=&quot]Term: 6 months commencing on the 12th January 2013 and ending on 12th June 2013[/FONT]

[FONT=&quot]Rent: £450 per calendar month due on the 12th of each month payable one month in advance.
[/FONT]
[FONT=&quot]2.2 The Rent shall be payable in advance on the 12th day of each and every month of the Term with the first of such payments to be made on the signing of this agreement. The payment for any period of less than one calendar month is to be apportioned on a daily basis.[/FONT]


I think I already know the answer to my question but for the life of me I can't seem to get my head round why I need to pay on the 12/06 if I've paid my rent in advance every month and the term ends on the 12/06. Surely it should end on the 11/07 if I am to pay on the 12/06?


[FONT=&quot]Any help would be appreciated, thank you!
[/FONT]

G_M

Darkmetman86 wrote: »

Hi all,

I have a 6 months sub-tenancy agreement and I am unsure as to how paying my last months rent works, so any help would be appreciated please.

I signed the agreement on the 12/01/13 and paid my first months rent in advance plus a deposit.

Now the agreement term is the 12/01/13 to the 12/06/2013
That is more than 6 months. 6 months is 12/1/13 - 11/6/13

So I have paid for the following so far:
12/01 - 11/02
12/02 - 11/03
12/03 - 11/04
12/04 - 11/05

The payment due on the 12/05 will take me up to the 11/06, with the 12/06 being the end of the agreement.

So my question is, if I've been paying my rent in advance every month and the agreement ends on the 12/06 (so I should have vacated the property by then) do I have to pay rent on the 12/06?

Here's the exact wording in the agreement:

[FONT=&quot]Term: 6 months commencing on the 12th January 2013 and ending on 12th June 2013[/FONT]
Contradictory.

[FONT=&quot]Rent: £450 per calendar month due on the 12th of each month payable one month in advance. [/FONT]

[FONT=&quot]2.2 The Rent shall be payable in advance on the 12th day of each and every month of the Term with the first of such payments to be made on the signing of this agreement. The payment for any period of less than one calendar month is to be apportioned on a daily basis.[/FONT]


I think I already know the answer to my question but for the life of me I can't seem to get my head round why I need to pay on the 12/06 if I've paid my rent in advance every month and the term ends on the 12/06. Surely it should end on the 11/07 if I am to pay on the 12/06?


[FONT=&quot]Any help would be appreciated, thank you!
[/FONT]

As your tenancy agreement is poorly worded, you should clarify in writing with the landlord.

Write to the landlord at the address "for the serving of notices" pointing out that 6 months from 12/1/13 is 11/6/13, and ask if he believes the tenancy will end on 11 June or 12 June.

Do this by letter.

If 11 June, your payment on 12/5 will be the final payment.

If 12 June, you will owe one more day's rent.

£450 x 12 months = £ 5400 pa
£5400 / 365 days = £14.79 per day

edit:
Having said that, if your landlord is such a pratt that he cannot draft a sensible tenancy agreement, he may well not realise you owe him for an extra day.... Pay £450 on 12/5 and move out on 12/6.

He may or may not ask you for the extra £14.79!

Darkmetman86

Thanks for the reply G_M.

So from what you're saying I shouldn't owe another months rent, but one days at most?

Thanks.

Darkmetman86

If there's anyone else that cares to give their opinion please do so.

jamie11

If you move out of the the property on or before the last day of your tenancy then your landlord cannot ask for more rent. I think you should pay the extra day's rent just to be sure that no-one can accuse you of paying short in the future.

([FONT="] The payment for any period of less than one calendar month is to be apportioned on a daily basis.)[/FONT]

Is what it says in your agreement, stick with it.

If you're leaving at the end of the agreement then you don't have to tell your landlord, although it is considerate to do so. Make sure the keys are returned before midnight of that day however.

Darkmetman86

Thanks Jamie11,

Do you see where I am getting confused though?

Its a 6 month term which started on the 12/01/13 and ends on the 12/06/13.

I've paid all my rent payments in advance which to me would mean my last months rent would be on the 12/05 as it ends on the 12/06. But that would mean I've only made 5 payments. So does that mean they have made a mistake on the agreement with the dates or I'm just reading it wrong?

Edit: Apologies if I'm just being dumb its my first time renting, and as G_M has pointed out the agreement isn't worded very clearly.

jamie11

Yes it's a mistake, and it's very common, you have an AST of 6 months and one day, don't worry about it, it's still legal.

sandsni

Darkmetman86 wrote: »

Thanks Jamie11,

Do you see where I am getting confused though?

Its a 6 month term which started on the 12/01/13 and ends on the 12/06/13.

I've paid all my rent payments in advance which to me would mean my last months rent would be on the 12/05 as it ends on the 12/06. But that would mean I've only made 5 payments. So does that mean they have made a mistake on the agreement with the dates or I'm just reading it wrong?

Edit: Apologies if I'm just being dumb its my first time renting, and as G_M has pointed out the agreement isn't worded very clearly.

I'm normally quite good at maths, but now you've got me flumoxed too . But my brain is feeling lazy so I hope someone will come along and explain it to us all.

Edit: I've just realised that that if it's a 6 month contract it should run from 12/1/13 to 11/7/13

Darkmetman86

Yes that is what I thought Sandsni.

If I've paid in advance every month, if I pay on the 12/06 the term should run till the 11/07 as you've just said, for it to be actually 6 months.

The easiest option is for me is to query the landlady but I wanted to get some advice before doing so just in case she does turn round and say I do have to pay when really I don't down to a mistake on her side.

G_M

sandsni wrote: »

I'm normally quite good at maths, but now you've got me flumoxed too . But my brain is feeling lazy so I hope someone will come along and explain it to us all.

Edit: I've just realised that that if it's a 6 month contract it should run from 12/1/13 to 11/7/13

Correct.

Apologies. I was so focussed on the issue of the 11th / 12th of the month that I missed the error in the months.

Jan to July = 6 months.

12th - 11th = start/end dates (if 6 months).

Your tenancy is 5 months and one day.

Your landlord is a pratt.

And/or a complete amateur.

My advice stands. To avoid misunderstandings, get it confirmed in writing when the tenancy will end.

jamie11

G_M wrote: »

Your tenancy is 5 months and one day.

.

Hmm! I missed it too, my apologies, either way the AST is still valid be it 5 months and one day or 6 months and one day..