Rented Property - when is our last payment and for how much?

KatieDee

I really need help working out our final rent payment, both the amount and the date!

We signed our tenancy on the 25th of November 2016 and paid one months rent up front

A few months after moving in, we changed our payment date to the 1st of each month, so made one slightly higher rent payment for that single month to cover the difference.

Our rent is normally £850 per month.

We plan to give our notice in on the 24th of June, with a view to leave the property on the 23rd of July.

When do we pay our last rent payment? Is this the 1st of July or are we already up to date as we paid a month on the date we moved in?

AdrianC

I presume the "one month up front" was in addition to any security deposit?

If so, then - yes - you have paid the rent for July. But check that your tenancy didn't change to 1st-to-1st along with the rent payment date.

Fire_Fox

KatieDee wrote: »

I really need help working out our final rent payment, both the amount and the date!

We signed our tenancy on the 25th of November 2016 and paid one months rent up front

When do we pay our last rent payment? Is this the 1st of July or are we already up to date as we paid a month on the date we moved in?

Not clear what you mean.

Are these one and the same payment or two distinct payments? If two payments are they both rent, or is ome a deposit? How exactly is the 'up front' payment worded in your tenancy agreement?

KatieDee

Apologies for the ambiguity guys, I think my brain has actually melted with dates and numbers.

One months rent was paid up front, on the date we signed for the tenancy. This was in addition to our deposit which is currently being held in a scheme.

The tenancy agreement was not amended and still stands at the date of which we signed up, which was the 25th of November 2016. We plan to give our notice on the 23rd to leave on the 24th of July.

I just cannot work out whether the last rent payment (paid on the 1st of June) has covered us to the end of our tenancy, or whether another payment needs to be sent on the 1st of July?

G_M

Please confirm/correct:


* Your tenancy commenced on 25th Nov 2016, yes? (note, not necessarily the same as date you signed!)

* you paid 1 months rent in advance, covering 25/11/16 - 24/12/16.

* you then paid rent on 25/12/16, covering 25/12/16 - 24/1/17.

* at some future unspecified point, you delayed payment from the 25th, and instead paid a week late on the 1st of the month. You paid for the extra week at that point, thus covering the period 25th of the month to the final day of the following month.

* you then continued to pay rent on the 1st of each month, covering the period 1st of month to last day of month

Question:
1) do you have a fixed term tenancy? If so, what is the start /end date of the latest fixed term?
2) or is your tenancy periodic? If so, I assume it runs from 25th to 24th of each month.
3) if periodic, is it statutory or contractual (see link below). This may affect the length of notice required

I shall assume b) and c) above is the case. Thus

* your notice must expire on 24th the month
* notice must be served on or before the 24th of the previous month
* rent currently covers 1st to last day each month rent on the 1st of the final month following notice should cover the period 1st - 24th.


* 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?

saajan_12

KatieDee wrote: »

I really need help working out our final rent payment, both the amount and the date!

We signed our tenancy on the 25th of November 2016 and paid one months rent up front- so this was £850 for 25Nov16 - 24Dec16? Plus security deposit.
Did you pay anything else on / before start of your tenancy?

A few months after moving in, we changed our payment date to the 1st of each month, so made one slightly higher rent payment for that single month to cover the difference. - so say that was in March2017, instead of paying £850 for 25Mar17-24Apr17, you paid ~£1020 for 25Mar17-30Apr17. Your next payment would be back to £850 for 1May17-31May17.

Our rent is normally £850 per month.

We plan to give our notice in on the 24th of June, with a view to leave the property on the 23rd of July. - what does your contract say about notice / break clauses / what happens after fixed term? If you're using a break clause or your last agreement defines a CPT, then you have to abide by the notice given there. If not, you're likely on a SPT, so if your tenancy started 25th then your notice will need to expire on 24th July (if you leave a day earlier that's your choice but still have to pay rent).

When do we pay our last rent payment? Is this the 1st of July or are we already up to date as we paid a month on the date we moved in?- Other than security deposit / fees, if you only paid 1 month when you moved in, then your latest payment on 1st June covered 1Jun17 - 30Jun17. You'd still have to pay on 1st July to cover 1Jul17 - 24Jul17 in the amount of ~£680

Check whether you are
(a) under fixed term, no break clause -> then you have to pay rent until the end of the fixed term
(b) under fixed term, with break clause -> please quote the clause, your notice has to abide by that
(c) out of fixed term, CPT specified -> please quote anything in the last agreement about what happens after the fixed term, your notice has to abide by that
(b) out of fixed term, nothing specified -> under SPT, you have to give 1 tenancy period notice, ie expiring 24th of a month, having served it prior to the 25th of month before.

Also please confirm what date your tenancy started (not necessarily signing date) and what amounts you paid on / before this date. Was it fees, security deposit plus one months rent or two?

KatieDee

G_M wrote: »

Please confirm/correct:


* Your tenancy commenced on 25th Nov 2016, yes? (note, not necessarily the same as date you signed!)

Correct

* you paid 1 months rent in advance, covering 25/11/16 - 24/12/16.

Correct

* you then paid rent on 25/12/16, covering 25/12/16 - 24/1/17.

Correct

* at some future unspecified point, you delayed payment from the 25th, and instead paid a week late on the 1st of the month. You paid for the extra week at that point, thus covering the period 25th of the month to the final day of the following month.

Correct

* you then continued to pay rent on the 1st of each month, covering the period 1st of month to last day of month

Correct

Question:
1) do you have a fixed term tenancy? If so, what is the start /end date of the latest fixed term?

No.

2) or is your tenancy periodic? If so, I assume it runs from 25th to 24th of each month.

Yes, this is correct

3) if periodic, is it statutory or contractual (see link below). This may affect the length of notice required

I shall assume b) and c) above is the case. Thus

* your notice must expire on 24th the month
* notice must be served on or before the 24th of the previous month
* rent currently covers 1st to last day each month rent on the 1st of the final month following notice should cover the period 1st - 24th.

We need to give one months notice and will be doing this on the 23rd of this month, with a view to vacate on the 24th of July.

Thank you for taking the time to reply, I hope that clears things up.

KatieDee

saajan_12 wrote: »

Check whether you are
(a) under fixed term, no break clause -> then you have to pay rent until the end of the fixed term
(b) under fixed term, with break clause -> please quote the clause, your notice has to abide by that
(c) out of fixed term, CPT specified -> please quote anything in the last agreement about what happens after the fixed term, your notice has to abide by that
(b) out of fixed term, nothing specified -> under SPT, you have to give 1 tenancy period notice, ie expiring 24th of a month, having served it prior to the 25th of month before.

Also please confirm what date your tenancy started (not necessarily signing date) and what amounts you paid on / before this date. Was it fees, security deposit plus one months rent or two?

Thank you.

Tenancy started on the 25th of November 2016, which is when we made a payment of £1850. This was made up of £1000 deposit and £850 for the first months rent. Fees were paid prior to this and separately.

We're out of fixed term, rolling contract with one months notice required.

I think I've just about got my head around it now - we need to pay on the 1st of the month to cover us for the remaining period up to the 24th of July when we vacate. You mention £680 - would it not be our full rent of £850?

G_M

You say you must give 1 months notice, but both saajan and I have highlighted the distinction between a Contractual and Statutory Periodic Tenancy. You have not confirmed which you have.

KatieDee

Sorry for not specifying that.

We're out of a fixed term and are required to give one tenancy period notice.

ThePants999

Strictly speaking, since the tenancy ends when you actually move out rather than when your notice expires, you should pay a full month's rent on 1st July, and the landlord should give you a partial refund after you move out.