eviction mid rent term

goonarmy

Simple question: can you be evicted mid rent term? Eg your term is the first of the month for a calendar month can you be evixted on the fiftenith if all notice periods etc are given? Hiw would you cahrge for that? At a daily rate?

agrinnall

Yes, and some form of pro-rata calculation for the rent due for the partial month.

jjlandlord

If evicted mid-rent period, at law the tenant is not entitled to any refund of rent.
Based on that, if you actually have to evict with bailiffs I would not offer any kind of refund.

goonarmy

Two contradictory answers there. Does rent get paid pro rata ie per day? Or the full term with an obvious overpayment?

00ec25

by law the rental period is indivisible, this has been set by case law long ago to avoid disagreements over how much is owed

if it is pro rated then that is done so at the discretion of the LL

are you the tenant or the LL?

G_M

goonarmy wrote: »

Simple question: can you be evicted mid rent term?

Assuming this is England/Wales.

Assuming this is a Statutory Periodic Tenancy (ie a 'rolling' contract following the expiry of a fixed term.)

Then yes. The landlord must serve the tenant a S21 Notice giving 2 calender months notice (ie it can expire mid term - see [FONT=&quot]Spencer V Taylor[/FONT]), after which he must go to court for a possession order which can be awarded immediately (ie mid term).

goonarmy

Not sure how the possetion order is relevant to the payment? So the rent is possibly divisable if the LL agrees but they may not so the tenant may pay a full months rent for occupying a property (lets say worse case) for one calendar day or more? Whats to stop the T Saying "Im not staying for a month, Im not paying for a month"? Surely that would only forfeit the deposit?

G_M

goonarmy wrote: »

Not sure how the possetion order is relevant to the payment?

You asked a

Simple question: can you be evicted mid rent term? Eg your term is the first of the month for a calendar month can you be evixted on the fiftenith if all notice periods etc are given?

'Eviction' can only happen (other than by consent) via a court possession order.

So the rent is possibly divisable if the LL agrees but they may not so the tenant may pay a full months rent for occupying a property (lets say worse case) for one calendar day or more? Whats to stop the T Saying "Im not staying for a month, Im not paying for a month"? Surely that would only forfeit the deposit?

If the tenant refuses to pay lawfully due rent, then the landlord can claim that rent either from the deposit and/or via court action.

goonarmy

G_M wrote: »

You asked a 'Eviction' can only happen (other than by consent) via a court possession order.


If the tenant refuses to pay lawfully due rent, then the landlord can claim that rent either from the deposit and/or via court action.

I see. And the possestion order will be granted straight away rather than waiting for two months of arrears and a s8?
Ok so if T is willing to leave but not willing to pay full amount of rent for a part month the LL has no option other than recouping the unpaid rent through the deposit?

jjlandlord

I think G_M is complicating things by mentioning Spencer v. Taylor.

A s.21 notice could already expire mid period during that decision, and a s.8 notice may expire at any time.

But in any case, whatever the date the notice expire, a court order with rarely expire in line with period dates, and bailiffs will rarely attend exactly on the last day of a period.
So IMHO, being evicted mid-period is actually the common case.

goonarmy

For clarity i mean eviction as in the tennants leaving, not forced eviction ie with the courts and bailifs.