Rent due for end of tennancy

ZIgo123

Hi Everyone, 

I'm hoping someone might be able to help us with our final rental payment. 

We pay rent in advance on 8th of every month (I.e. per calendar month). We have given notice of termination of tenancy on 20 May. We were required to give 'two calendar months' notice to end our tenancy, therefore our tenancy ends on 19 July. We are trying to sort out how to calculate our final rent amount due, since we will be in tenancy only until 19 July, rather than 8 August (which would be a calendar month). 

Does anyone know how we might do this?

Thank you!

fishpond

Go back to school!

ChloeManoey

Usually you have to give notice in accordance to the rent cycle, so in your case, around the 8th of the month. It can't just be two months notice at any given point (unless this is in your contract and has been agreed). 

Rent per month x 12 = annual amount 
Divide back down by 365 = amount per day
Times back up by number of extra days = the amount payable 

ZIgo123

THanks ChloeManoey, There is nothing  in our contract that says we have to give two calendar month's notice starting on the date that the rent cycle was initiated (8th). It just says flat two calendar months... which is why we gave notice on 20 May and told landlord we'd move out on 19 May, as this is two calendar months. 

[Deleted User]

Rent is due on 8th. If you move out on 20th there is no provision to be reimbursed pro rata.
If it is a periodic tenancy then it will be 1 months notice.

ZIgo123

It was a 12 month fixed term tenancy with 6 month break clause. We are out of this break clause as we have been in the property for 2.5 years with renewed contracts.

There is 2 months notice in the contract. 

ZIgo123

I'm confused. If rent is due in full on 8th then surely we would be legally permitted to remain in the property until 8th following month - if this is what is being paid for. But the tenancy ends on 19th due to notice given...
If rent is due in full and end of tenancy is on exact date it starts/ends then shouldn't this be in the contract?

[Deleted User]

ZIgo123 said:

I'm confused. If rent is due in full on 8th then surely we would be legally permitted to remain in the property until 8th following month - if this is what is being paid for. But the tenancy ends on 19th due to notice given...
If rent is due in full and end of tenancy is on exact date it starts/ends then shouldn't this be in the contract?

The 8th of one month to the 8th of the following month would be one month + one day, not one month.  This is however irrelevant to your case.  If you had a statutory periodic tenancy then your notice would have to align with the tenancy start date, not the rent date although the two could be the same.  If your tenancy agreement states that you need to give two calendar months notice then it sounds as if you have a contractual periodic tenancy rather than a statutory periodic tenancy.  You, and the others who have commented on this thread, can find out more information about how an AST can be ended by reading the sticky at the top of the board called Tenancies in England/Wales.

If you need to pro rate your rent for part of the month there are a couple of ways you could do it.  One way would be to take the monthly rent, divide it by the number of days in May and the multiply it by 13 (8th to 20th inclusive).  Alternatively you can take your monthly rent, multiply it by 12, divide it by the number of days in the year, remembering that 2020 is a leap year, and then multiplying your answer by 13 (8th to 20th inclusive).

princeofpounds

OP, googling 'apportionment of rent' may help clear some of your confusion about what people say to you. Although many LLs/Ts will agree to pro-rata rent for partial periods, there is no legal obligation to do this. Stay one day into a monthly period, and you owe money for the whole period. So do you know that your LL/LA will accept pro-rata? Many will, because many don't know they don't have to.

This seems odd, until you realise that in law there needs to be a line, otherwise you'll get disputes about days, hours, minutes and seconds of rent. So for most purposes, the base period of rental is taken as the line. 

greatcrested

Not sure if your problem is how much rent to pay and when, or what notice you must give and when the tenancy ends,or both. However

ZIgo123 said:

We pay rent in advance on 8th of every month (I.e. per calendar month).
* is your tenancy in a fixed term? If yes, what's the end date?
* if tenancy is periodic, what are the period dates (see link below)? An is it a CPT or SPT? (see link below).
We have given notice of termination of tenancy on 20 May. We were required to give 'two calendar months' notice to end our tenancy, therefore our tenancy ends on 19 July.
I assume from this you have a ContractualPeriodic Tenancy? If yes (see link below), then please quote in full the relevant clause in your contract.
Please also confirm the tenancy periods.
 We are trying to sort out how to calculate our final rent amount due, since we will be in tenancy only until 19 July, rather than 8 August (which would be a calendar month).

Are you saying your tenancy periods are 9th to 8th of each month?

ASSUMING

* a CPT

* a 2 calender month notice requirement

* tenancy periods of 9-8th

* notice served 20/5 to expire 19/7

then you will need topay rent till 8th August unless you agree something different with the landlord.

Now read

Post 4: 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?

ZIgo123

Tenancy period started on 8th, so we pay on 8th of each month for that month. I.e. Paid on 8th February for the calendar month of 8 February to 7 March. Similarly, we paid on 8 March for month of 8 March to 7 April. 

We know we have to give 'two calendar months' notice to end the tennancy. So we gave this notice on 20 May. Therefore tenancy ends on 19 July.  So remaining tenancy period from notice is 20 May to 19 July. 

The tenancy is a fixed term with 2 months calendar notice to terminate. Although we have been in the property over 2.5 years we have, after each 12 months, negotiated a new 12 month contract with 2 months notice for termination. The first contract included a 6 month break clause (initial term), with subsequent contracts no 6 month term applies and 2 months notice can be given at any time. 

So I believe it's considered an FT and not a CPT.