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Is rent prorated at the end of tenancy?

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  • ItsyBitsySpider
    ItsyBitsySpider Posts: 96 Forumite
    edited 18 February 2014 at 12:50AM
    MSaxp wrote: »
    Based on what you've posted, it sounds like a contractual periodic tenancy and not a statutory one. While the termination clause is not amazing, my initial interpretation is that you have to give notice before the 20th of February, if you want to terminate the tenancy on the 20th of April. I'm not sure where the 30th came from


    Sorry 30th of Feb was just an example of any date after 20th of Feb, albeit a very bad one :D.

    We are in the process of buying a property and are aiming to exchange on 21st of February. Looks like, either we have to exchange on 19th and give notice to the landlord or have a leap of faith and exchange on 21st, giving notice on 19th.

    What can be the best course of action in these circumstances, any suggestions please?
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    your rental period runs from the 20th to the 19th of the following month

    you must therefore serve notice on (if delivered by hand) or before (allowing 2 days for postal delivery) the 20th and leave no later than the 19th two months later

    you seem to have got that and yes you do have to take a gamble if your exchange is scheduled for the 21st
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 18 February 2014 at 10:10AM
    MSaxp wrote: »
    Based on what you've posted, it sounds like a contractual periodic tenancy and not a statutory one.

    It's a fixed term tenancy, not a periodic one at all.
    Note that you can serve notice to end on the 1st day of a rental period too, although this doesn't seem to be commonly known by agents.

    Absolutely not: the break clause applies and states exactly when the notice must expire.
  • harrys_dad
    harrys_dad Posts: 1,997 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    On a slightly different tack OP why did you sign the new two year contract? If you had just done nothing and moved onto a periodic tenancy the landlord would still have to have given you two months notice but you would only have to have given one. The new agreement just made your conditions worse, and I bet the agent charged you for it didn't they? Did they inform you that you actually had a choice not to sign any new agreement?
  • ItsyBitsySpider
    ItsyBitsySpider Posts: 96 Forumite
    edited 19 February 2014 at 2:54PM
    harrys_dad wrote: »
    On a slightly different tack OP why did you sign the new two year contract? If you had just done nothing and moved onto a periodic tenancy the landlord would still have to have given you two months notice but you would only have to have given one. The new agreement just made your conditions worse, and I bet the agent charged you for it didn't they? Did they inform you that you actually had a choice not to sign any new agreement?

    First of all, thank you so much everyone for so valuable input.

    At the time of last renwal, the letting agent informed me that the landlord wants to renew the tenancy agreement. I was under the impression that, on periodic tenancy, I could vacate the property after giving two months notice and it was a bit confusing for me why would they want to renew the contract if I am already on a periodic tenancy. I even mentioned it to the landlord and he said he is only acting on the advice of the letting agent and doesn't know much about this..

    The only reason I could think of was that the letting agent just wanted to make some more money while renewing the contract. The landlord agreed with me that he won't let the agents charge me anything for the contract. Renting market is very busy in our area so I just agreed to sign up as I did not seem to lose anything.

    More interesting thing is they already seem to have a potential tenant to move in after a month from now on increased rent so I may not be losing any money. However, I have heard the landlord has lost thousands of pounds while dealing with some dodgy tenants, may be that's called karma who knows !
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