Urgent help needed regarding lease!!

Knightrider123

Hi, I was wondering if someone could please advise me on my situation.

I moved into a private rented flat on the 3rd September 2014 on a 6 month AST fixed term lease. I am a bit confused regarding the wording of the rental agreement as the rental agreement actually shows that I have to pay 7 months rent as opposed to 6 months which it does state. It states:

Term -
`A fixed term of 6 months commencing on and including (start date) 03/09/2014 to and including (end date) 31/03/2015`.

Rent -
`The total rent payable per month is £377 and is payable monthly in advance in the following instalments. THe first payment is to be £351.87 in cleared funds on the signing of this agreement and thereafter the sum of £377 should be paid on the 1st day of each month by standing order commencing on (insert date when second rent payment due) 01/10/14.

I am very confused as in the term it shows that my my 6 months commences on the 03/09/14 so it should end on the 03/03/14 as that would be 6 months. However it ends on the 31/03/14 which is actually closer to 7 months. My contract seems a little misleading as it states 6 months but is actually 7 months.

Please provide any advice on this matter. Many thanks in advance.

jjlandlord

So you never read your tenancy agreement before today?

It's difficult to say as nothing matches.
I would guess that "6 months" might be considered clear and thus what was intended and that, consequently, the end date is a typo.
However, the first payment was reduced to compensate for the 2 days in September so who knows...

Are you planning to move at the end of the term?
If you don't then that's not really an issue.

Knightrider123

I am planning to move but I thought end of term for me would be the 3rd of March as that would be 6 months not the 31st March.

I did ask my landlord about this and he said that my tenancy end date is the 31st March as they are in whole months. Not sure what he means about the whole months. Contract states that first rental payment was on 3rd Sep so 6 months from then is 3rd March.

Pixie5740

If it was for 6 months then your fixed term would end 02/03/2015 not 03/03/2015. It does seem odd though that your TA States that 31/03/2015 is the end date though. When did you actually get the keys and move in?

Knightrider123

I got my keys and moved in on the on the 3rd September 2014. Landlord keeps said to me that `When we enter the tenancy term ie 6 months on the system it gives an end date using whole months. That is why we have to prorate the first payment.`

This still doesnt make sense though as 3rd sep 14 to 31st march 2015 is not a 6 month lease.

Pixie5740

I have no idea what system your LL is using that means that tenancies have to tie in with calendar months. It's perfectly fine to have an AST that doesn't start on the first of the month.

What is your aim here? Do you want to leave the property on the 2nd March? Do you want to keep living in the property?

Knightrider123

Hi,

Yes I would like to leave on the 3rd of March, is this possible?

Pixie5740

Even if your tenancy was for 6 months and started on the 3rd September, you would have to leave by the 2nd of March not the 3rd of March otherwise you would be there for 6 months + 1 day.


Have you spoken with your LL about leaving on 2nd March rather than 31st March?

G_M

As a general rule, where a contract is self-contradictory, as here, the benefit of the doubt lies with the party who did not draw up the contract (in this case the tenant).

So if the tenant wishes to leave after 6 months (2/3/15) he could insist on relying on the words "`A fixed term of 6 months" and ignore the contradictory dates in the contract.

However, if it came to a dispute, it would be up to the court (or arbitrators if the landlord was claiming additional rent off the deposit and the deposit scheme arbitrators were used) to decide which words took priority.

And judge's decisions can never be totally predicted....

Guest101

Clearly the contract was intended for 6 months. It could easily be argued as such given the wording. Given that his system made it 6.9 whatever months, is no irrelevant. But some simple negotiation could work in your favour.

You need not give any notice that you're leaving. I imagine the LL wants to do viewings before u leave. Negotiate a flexible Boeing schedule in exchange for terminating the contract on the 2nd March.

jjlandlord

I doubt a landlord would agree to pay for a Boeing... a small replica model, perhaps.