Rent due for end of tennancy

greatcrested

You have signed 12 month fixed term contracts every year, so yes, it's a fixed term tenancy. If you want helpful advice, please answer the questions already asked:

1) End date of the fixed term (exact date please).

2) please quote in full the relevant clause in your contract regarding notice.

ZIgo123

Apologies, to answer : 
1) 07 November 2020

2)
Both the Landlord and the Tenant shall have the right to give notice to terminate the Tenancy by one giving to the other

not less than two calendar months’ notice in writing to that effect save that in the Initial Agreement only such notice

shall not become effective at earliest before the end of the sixth month of the Term.
AND

At the termination of such notice the Tenancy shall end and all the obligations and responsibilities will cease subject

nevertheless to any claim by either party against the other in respect of any prior breach of any of the terms and

conditions of this Agreement.


THank you

greatcrested

Sorry to have been persistant, but that is a most unusual clause so wanted to be sure.

It makes the annual fixed terms meaningless - might as well be an ongoing periodic tenancy.

I have some doubt over the "save that in the Initial Agreement only such notice....". Since each 12 month contract stands on its own, reference to an earlier one may have no force, in which case the Break Clause (which this appears to be) cannot be implemented earlier than 6 months (ie May). However as your notice expires on July19th that is immaterial.

As for your question, the issue is whether you will owe rent on 8th July for the period 8 - 19th (11 days) or 8 Juy - 7 August (full month).

It is certainly true that 'tenancy periods' are indivisible; if this were a periodic tenancy and you left mid-period, you would owe rent for the ful period (month), unless otherwise agreed.

I'm unsure if the same legal precedent applies to 'rent periods' - I beliee not. By implementing the Break Clause you are terminating the tenancy on the date you specify (19 July), and hence rent is not due beyond that date.

I would pay rent on 8th July on a pro rata basis for 11 days and see what response, if any, you get from the landlord.

ZIgo123

Thanks Greatcrested, this is much appreciated.

We thought it was a strange contract - honestly the agency who set it up has probably been using it for years...

we will do as you suggest and let our landlord know. He is a reasonable person so it should be fine.

appreciate everyone’s help!