Charge for one extra day of tenancy

young_investor_2021

I had a 1-year tenancy contract starting 31 January 2024 that continued in 2025 on a rolling basis. I gave my notice more than a month in advance that I would move out on the 30 November 2025. On 1 December, the agents carried out the inspection, came back to me and said there are no deductions from the deposit, but that I have to pay one extra day of tenancy (~£30). While it's a very small amount, I feel uneasy as it sounds fishy to me and there is nothing in the contract suggesting this. The contract states:

"The Initial Fixed Term: The Tenancy shall be for a period of 12 Months to start on and include the 31st January 2024 and to end on and include 30th January 2025, and thereafter monthly."

"8.1.1. Should either party wish to terminate the Tenancy, it is agreed that the Tenant must serve a minimum of 1 month's advance written notice to be served on the Landlord. The Landlord must serve a minimum of 2 months advance written notice to be served on the Tenant. The tenancy must not expire within the first 12 Months of the Tenancy commencement date."

"• The Tenant can end a periodic Tenancy by giving at least one month’s written notice to expire on either the first or last day of a period of the Tenancy."

So I have given the right notice, but the contract does not say the following:
1. When does the month start, is it on the 31st? If the month has 30 days, such as November, will the last day be considered 30th November or 1st December?
2. Even assuming I am leaving on the first day of a new period of tenancy, the contract does not explicitly say anywhere that I will be charged pro rata for that extra day.

So even if it's a small amount, I want to be sure it is correct, as these agents have seemed a bit chaotic in the past month, including telling the city council I am leaving months earlier that I was. What do you all think?

vacheron

Is it not the same as 12 month car insurance where it will begin at say 00:00 on the 6th of the month and end at 23:59 on the 5th of the month. i.e. Exactly 1 year... give or take one minute. 

If you are still in the flat on the same day you moved in 1 year earlier you have actually occupied it for 1 year and 1 day. 

If I was planning on moving out on the 6th of the month, I would therefore give notice before the end of the 5th of the previous month. 

young_investor_2021

So if I move in 31 January 2024 and move out 30 November 2025 it counts as 1 year 10 months, or 1 year 10 months 1 day? That's the confusion to me. 

MeteredOut

young_investor_2021 said:

So if I move in 31 January 2024 and move out 30 November 2025 it counts as 1 year 10 months, or 1 year 10 months 1 day? That's the confusion to me. 

Moving in on the 1st day of Feb 2024 and moving out on the last day of November 2025 would naturally be 1 year and 10 months, so I'd say moving in 1 day earlier than that is therefore 1 year 10 months and 1 day. 

chrisw

I'd just forget it and move on.

young_investor_2021

Yes, I already told them to deduct the day and release the deposit. I just wanted other people's opinions to make sure I'm not being scammed. 

saajan_12

young_investor_2021 said:

"The Initial Fixed Term: The Tenancy shall be for a period of 12 Months to start on and include the 31st January 2024 and to end on and include 30th January 2025, and thereafter monthly."

1. When does the month start, is it on the 31st? If the month has 30 days, such as November, will the last day be considered 30th November or 1st December?
2. Even assuming I am leaving on the first day of a new period of tenancy, the contract does not explicitly say anywhere that I will be charged pro rata for that extra day.

So even if it's a small amount, I want to be sure it is correct, as these agents have seemed a bit chaotic in the past month, including telling the city council I am leaving months earlier that I was. What do you all think?

1. Last day would be 30th Nov
Suggesting last day is 1st would mean the start of the next month is 2nd and we just push back days each month? No. 

2. Well you're naturally liable for rent for the time you live there, it doesn't need to say that explicitly. Arguably if it was beyond the end of the month then they could argue for double rent or rent for the whole period as there's no right to subdivide months. 

However the first point is more pertinent, each month ends on the 30th, you left on the 30th, end of. The 'last' of a month isn't well defined as the roll over point. Besides if they failed to make that clear, an ambiguity would go in your favour.