50 week tenancy

G_M

If the rent is payable weekly then the contract would normally specify a weekly rent, and it should be paid weekly not monthly!

Though it could specify a weekly rent, to be paid monthly eg

3. Term
3.1. The Tenancy will be for a Term of 50 Weeks from and including 1st September 2015 to and including 15th August 2016.

4. Rent
4.1 £468 for each week of the Tenancy, payable in advance in 11 monthly installments of £1950, and a final installment of £943.54.

The first payment shall be made on the 1st September 2015. Thereafter, payments shall be made on the 1st day of each month.

Though acually that maths does not quite work and my head hurts!

But you get the idea!

teecee90

Exactly.... thats the way I would have written it ..... £468 per week payable in 12 monthly instalments of £1950. But that's not what it says and not what we have budgeted for. He said if we don't pay the full amount we will be in default, although Im not sure what the implications of that might be given that the tenancy ends in a couple of weeks anyway and nobody is living there at the moment.

G_M

teecee90 wrote: »

......He said if we don't pay the full amount we will be in default, although Im not sure what the implications of that might be given that the tenancy ends in a couple of weeks anyway and nobody is living there at the moment.

See post 10 above.

You do realise you are still responsible for the property till 15th ugust? Utility bills? Council Tax (if applicable)? Security?

dimbo61

Did the landlord ever give a weekly amount on the advert?
Keep working this out as £117 per week per student !

G_M

dimbo61 wrote: »

Did the landlord ever give a weekly amount on the advert?
Keep working this out as £117 per week per student !

I'm assuming it's a joint tenancy, so cannot be divided between them.

teecee90

So, we paid what we think is due and the landlord has responded with the following text message:

"I met with hart and the terms of contract are clear, your rent was advertised on weekly bases and contract is also clear, the full rent is due which you have paid half of, I recommend that the remainder is paid by the end of the week, if not I count this as default and I will apply charges for interest and default as per contract terms, I will take this through TDS dispute procedure if not settled which means you get your deposit back later and just more complicated for both sides but it makes no difference to me as the contract is clear and hart has also clarified the position."

So it looks like this will have to be settled through the TDS.

Any advice or tips on how the process woks? Presumably the landlord will raise a dispute and we will have to respond to the dispute in some way?

Miss_Samantha

If anything this thread demonstrates that the matter is not that clear.

The issue stems from "per month of the tenancy". Does that mean per full month or per any month or part month?

If it goes to arbitration, which seems likely, I would put forward the interpretation used to pay pro-rata and quote s.69(1) of the Consumer Rights Act 2015:
"If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail."

If they wanted the tenant to pay as they claim he must they could have drafted the agreement in a much better and clearer way.

teecee90

The actual rent clause says "...for each month of the Tenancy". Not sure if that makes any difference to the interpretation, but clearly 1-15th August is not a month.

G_M

teecee90 wrote: »

The actual rent clause says "...for each month of the Tenancy". Not sure if that makes any difference to the interpretation, but clearly 1-15th August is not a month.

Well then arguably, since 1-15th August is not a month, rent is not due for this period.

No rent need be paid for August.

As Miss S says, the matter is not that clear.. Different interpretations possible. Let the arbitration scheme decide, and let the LL/agent learn the importance of clear wording

ThePants999

The whole point of a 50 week tenancy is not to pay 52 weeks of rent when you don't need 52 weeks of accommodation...