AST end date dispute - urgent (ish)

JLGBristol

Hi all

This is my first post on the forum so please be nice.
QUick question regarding tenancy agreements - if an AST starts on the 29th of August (rather than the end of the month) and is a 6-month tenancy- when does it end.

February is a baffling month to end an agreement

haras_nosirrah

I would say the 28th february assuming it is not a leap year

JLGBristol

That's what I thought but the agreement drawn up by the estate agent says 27th

Pixie5740

If your tenancy agreement specifies an end date then that's the date the fixed term ends. I've seen tenancy agreements that specify 6 months plus 1 day, for example 27th August 2018 to 27th February 2019 but I haven't come across one that is 6 months minus 1 day.

Are you planning on leaving the property in February?

JLGBristol

No - I hope to stay- but I'm worried if I have to sign on for another 6 months in feb they will set the date to be August 26th meaning I've lost a day. If I get turfed out at the end of feb I wouldn't want to sign anything until the 1st of the month to avoid this happening again- so it's a bit of a strange one.

I know it is only one day but I feel cheated.

Pixie5740

JLGBristol wrote: »

No - I hope to stay- but I'm worried if I have to sign on for another 6 months in feb they will set the date to be August 26th meaning I've lost a day. If I get turfed out at the end of feb I wouldn't want to sign anything until the 1st of the month to avoid this happening again- so it's a bit of a strange one.

I know it is only one day but I feel cheated.

Why would you have to sign for another 6 months in February? Why not let the tenancy become periodic instead?

Read G_M's Ending/Renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Does your current tenancy agreement actually say that it's for 6 months whilst contradicting itself with the dates?

JLGBristol

The estate agent is refusing to accept a periodic tenancy (They say at the LL requests, I suspect it is more to do with their fees) I'm likely to go onto a period regardless because I think I'm right in saying that even at the end of the original AST they would have to serve 2 months notice.

I don't know if the renewal specifically states it is 6 months- but I have an email from the estate agent saying that the LL would be happy for a "6-month renewal" and I agreed that they could go ahead and produce the document

Pixie5740

It's almost as if you haven't read the information in the link I provided. Tell me it ain't so JLGBristol.

Comms69

JLGBristol wrote: »

The estate agent is refusing to accept a periodic tenancy (They say at the LL requests, I suspect it is more to do with their fees) I'm likely to go onto a period regardless because I think I'm right in saying that even at the end of the original AST they would have to serve 2 months notice.

I don't know if the renewal specifically states it is 6 months- but I have an email from the estate agent saying that the LL would be happy for a "6-month renewal" and I agreed that they could go ahead and produce the document

They have NO CHOICE. It becomes periodic by law.


Just ignore them. No landlord evicts a good paying tenant.

JLGBristol

sorry sorry- I read a few last night and I have AST fatigue. I have saved your link don't worry

InterestedParty2018

I seem to remember that many moons ago, tenancies were often "one year less one day". Maybe with the landlord and agent is still using that terminology, thus the oddness.

It may even been an administrative error. Have you asked?

What were you invoiced for at the start of the tenancy?
Does your tenancy state the rent is X payable in advance on the 29th of each month?

As you can imagine, because of the fluctuation in "days of the month", and then add in the leap year, it is always going to be confusing if you work in "xyz rent per month", when your tenancy does not run exactly from the 1st of the month nor for a full year.

Out of interest, no renter would volunteer an extra days rent on a leap year, would they?

I would suggest contacting the agency and ask why they have used the 27th of Feb and not the 28th for the term end date. Explain your concern that by doing this you are short-changed by a day's rent, and want the term to finish the fixed term on the 28th of Feb and any new tenancy to start on 1 March. (That will then keep it nice and neat for the future!)