Term of a statutory tenancy

DumbMuscle

As anyone who's been following my posts will know, I'm buying a house with the completion date falling uncomfortably close to the end of my tenancy (and the LL has refused a short extension, and served S21 notice for the end of the original AST).

The end of the fixed term is on 21 July. The current completion date being bandied around is 28 July (I am attempting to negotiate this earlier. If I have not exchanged by the 17th, I will be pulling out and finding a longer term tenancy, then househunting again).

Now, to my actual question:

The rental was paid on my old tenancy per calendar month (i.e. covering 1st of each month to the last day of each month). If I stay on in the property, and an SPT is created, would it run from the date of the end of the tenancy (i.e. with the first period being 22 July - 22 August) or follow the rent periods of the old agreement (i.e. with the first period being 22 July - 31 July, and the next being 1 August to 31 August). That is, if I did take the route of telling my LL "I'll stick around for a week. You could serve a court order, but I'll be gone on the 28th so it seems like a waste of time and money for you to do so!" would I be liable for a full month's rent, or just until 1 August (paying the rest of the rent due for the July rental period)?

This probably isn't an option I'll take (because taking a week of holiday and being technically homeless wouldn't actually be too inconvenient, and it's a shared house so it's not just me liable for the rent!), but it's worth having in my back pocket, and potentially worth threatening the LL with when asking if I can store some things in the garage temporarily (nothing of great value - just some basic furniture which will be much easier to move at the same time as bringing stuff from my parents' place to the new house! The rest I can take in my car and drop at a self-storage place easily)

KILL_BILL

he serves you with a section 21 but he cant issue court proceedings until 2 months have elapsed from when it was served - so you will be gone by that time

DumbMuscle

Ah, wait, just found it in the guide! Leaving this up for posterity

"If rent is paid monthly/weekly, then the Tenancy Periods run monthly/weekly starting the day after the FT ended."

DumbMuscle

KILL_BILL wrote: »

he serves you with a section 21 but he cant issue court proceedings until 2 months have elapsed from when it was served - so you will be gone by that time

The S21 was served several months ago - my point is mostly that it will take him more than a week to get me out of there, and that's as long as I need! (but given there's a risk of his new tenancy falling through, so he doesn't want to agree a mutual surrender, which results in me being stuck paying rent for a month, it's not a useful option!)

Guest101

DumbMuscle wrote: »

Ah, wait, just found it in the guide! Leaving this up for posterity

"If rent is paid monthly/weekly, then the Tenancy Periods run monthly/weekly starting the day after the FT ended."

I don't understand how your tenancy started on the 22nd, but you were paying from the 1st, can you elaborate?

DoaM

Have you been paying calendar monthly in advance or arrears?

i.e. if you left on the 21st (per the S.21) would you still owe a week and a bit rent or would the LL owe you a refund?

saajan_12

DumbMuscle wrote: »

The end of the fixed term is on 21 July.

The rental was paid on my old tenancy per calendar month (i.e. covering 1st of each month to the last day of each month). If I stay on in the property, and an SPT is created, would it run from the date of the end of the tenancy (i.e. with the first period being 22 July - 22 August) or follow the rent periods of the old agreement (i.e. with the first period being 22 July - 31 July, and the next being 1 August to 31 August).

I take it your fixed term was 22 July 20xx - 21 July 2017 right?

The tenancy periods remain 22nd - 21st, but
The rent payment periods were changed to 1st - 31s (or whatever). Essentially your rent payment dates were changed you paid for a part month in advance. However this is irrelevant to tenancy periods.

So, the statutory periodic tenancy would still run 22nd - 21st and you would have to give a period's notice in line with this. Rent can then be worked out so you pay a final part month.

DumbMuscle

saajan_12 wrote: »

I take it your fixed term was 22 July 20xx - 21 July 2017 right?

The tenancy periods remain 22nd - 21st, but
The rent payment periods were changed to 1st - 31s (or whatever). Essentially your rent payment dates were changed you paid for a part month in advance. However this is irrelevant to tenancy periods.

So, the statutory periodic tenancy would still run 22nd - 21st and you would have to give a period's notice in line with this. Rent can then be worked out so you pay a final part month.

Slightly complicated by a change in tenant in the middle of the first month (so this contract was 30 July - 21 July), but this is essentially correct. OK, I get the distinction now (and have confirmed that the part month was taken out correctly - rent is by direct debit)

G_M

Glad you've got it straight in your head now. As you now know, rent payment dates are irrelevant for determining when the SPT starts or when each period starts.

Other than if rent is paid weekly the persiods are weekly.

"a change in tenant in the middle of the first month" rings a few alarm bells, but as you've not queried this I'll let it pass. Unless you come back........

mrginge

DumbMuscle wrote: »

The S21 was served several months ago - my point is mostly that it will take him more than a week to get me out of there, and that's as long as I need! (but given there's a risk of his new tenancy falling through, so he doesn't want to agree a mutual surrender, which results in me being stuck paying rent for a month, it's not a useful option!)

When did the tenancy begin and how long ago was the s21 served?

DumbMuscle

G_M wrote: »

Glad you've got it straight in your head now. As you now know, rent payment dates are irrelevant for determining when the SPT starts or when each period starts.

Other than if rent is paid weekly the persiods are weekly.

"a change in tenant in the middle of the first month" rings a few alarm bells, but as you've not queried this I'll let it pass. Unless you come back........

Just to satisfy your curiosity, here's the reason for the change in tenant:

I originally rented the house in July 2015, for a 12 month period, with my then girlfriend. In April 2016, we asked to renew the tenancy (LL required 3 months notice to renew).

In May 2016, we split up. Amicably - but not amicably enough to live together for another 14 months! Looking into our cancellation options, we had 3 choices:
- Cancel the tenancy, paying 1 month rent in fees and any rent until it was re-let
- get a new housemate immediately to replace my ex (who was moving to a different city, as this coincided with a new work opportunity). Because the LA are vultures, this would have involved a fee to vary the current tenancy agreement, and another fee to vary the renewed contract.
- Get a new housemate once the renewed contract had started, which is what happened - hence the change of tenant about a week into the contract - meaning that the current contract is 30 July-21 July. I'm kind of wishing that the LA had insisted on a full 12 month term when we changed tenants, since then I'd not have the gap :P .