PDA

View Full Version : notice period & rent



scribbler
14-04-2010, 12:47 PM
My tenant has given me 1 months notice of the end of the tenancy. In the email they specified that the move out date would be the 19th April. Now they are moving out on the 15th and will hand back the keys and check out on this date.

Do I have the right to charge them to the 19th or should the rent be only up to the 15th when they check out?

Many thanks in anticipation.

Scribbler

Lawcruncher
14-04-2010, 13:04 PM
Rent is payable up to and including the date of expiry of the notice. Leaving early is the tenant's choice.

matthew_henson
14-04-2010, 13:12 PM
My tenant has given me 1 months notice of the end of the tenancy. In the email they specified that the move out date would be the 19th April. Now they are moving out on the 15th and will hand back the keys and check out on this date.

Do I have the right to charge them to the 19th or should the rent be only up to the 15th when they check out?

Many thanks in anticipation.

Scribbler

Just to quickly question.... On what day of the month did the original tenancy start? did the tenant give their notice prior to that date? The application of a months notice is that you will leave a month after the start of the next rent period not a month from date of notice.

Charles19
14-04-2010, 13:41 PM
Just to quickly question.... On what day of the month did the original tenancy start? did the tenant give their notice prior to that date? The application of a months notice is that you will leave a month after the start of the next rent period not a month from date of notice.

Interesting but if the tenancy ends on 15th would this be overided anyway by new agreement/notice to quit on 19th - so rent is owed until 19th?
Or would the tenancy end date take precedence over 19th regardless?

Chas

mind the gap
14-04-2010, 13:47 PM
Interesting but if the tenancy ends on 15th would this be overided anyway by new agreement/notice to quit on 19th - so rent is owed until 19th?
Or would the tenancy end date take precedence over 19th regardless?

Chas
No. If the tenancy period ends on the 15th and T wants to move out on the 19th, then y either have to come to an agreement with the LL to this effect or accept they will be liable for a further month's rent. Tenancy periods (if rent payable monthly) are whole months.

Charles19
14-04-2010, 13:53 PM
No. If the tenancy period ends on the 15th and T wants to move out on the 19th, then y either have to come to an agreement with the LL to this effect or accept they will be liable for a further month's rent. Tenancy periods (if rent payable monthly) are whole months.

Makes sense to me but what you are saying is, there would need to have been a specific agreement for just a 4 day extension (to normal month tenancy) if it suited both parties fo rit to be valid? Would a simple letter of agreement mutually signed suffice for this?

Of course this may not be relevent to this question...

Lawcruncher
14-04-2010, 14:20 PM
Interesting but if the tenancy ends on 15th would this be overided anyway by new agreement/notice to quit on 19th - so rent is owed until 19th?
Or would the tenancy end date take precedence over 19th regardless?

Chas

That is quite different. Unless the agreement provides that the tenancy continues as periodic, no notice to quit can be served during the fixed term tenancy. The notice served by the tenant is therefore of no effect and rent is only payable up to the 15th if the tenant leaves on that day.

Charles19
14-04-2010, 14:24 PM
That is quite different. Unless the agreement provides that the tenancy continues as periodic, no notice to quit can be served during the fixed term tenancy. The notice served by the tenant is therefore of no effect and rent is only payable up to the 15th if the tenant leaves on that day.

Ah ha. Thanks. My AST has a periodic tenancy continuation clause so in my case the agreement would move to 19th on periodic - in this type of example. C

Lawcruncher
15-04-2010, 13:24 PM
Ah ha. Thanks. My AST has a periodic tenancy continuation clause so in my case the agreement would move to 19th on periodic - in this type of example. C

What does you clause say?

Charles19
15-04-2010, 13:45 PM
What does you clause say?

2. The Term is to include any extension or continuation of the fixed term or a Statutory or Contractual Periodic Tenancy

Chas

jeffrey
15-04-2010, 13:47 PM
But that clause does not itself continue anything, contractually.

Charles19
15-04-2010, 14:02 PM
That is quite different. Unless the agreement provides that the tenancy continues as periodic, no notice to quit can be served during the fixed term tenancy.

Does this not happen automatically from an AST - straight into a periodic -unless something else is agreed?
Or do you need to accept a rental payment for it to become 'live' periodic?
C

Charles19
15-04-2010, 14:04 PM
But that clause does not itself continue anything, contractually.

No I realise it. Should I have a specific term included for this then or not worry?
C

jeffrey
15-04-2010, 14:04 PM
Does this not happen automatically from an AST - straight into a periodic -unless something else is agreed?
Or do you need to accept a rental payment for it to become 'live' periodic?
No, it's automatic. See post #2 on http://www.landlordzone.co.uk/forums/showthread.php?p=205214#post205214
If L does not want an SPT to arise, he must serve s.8 or s.21 Notice sufficiently early in the fixed term.
If T does not want an SPT to arise, he must leave on fixed-term expiry.

Charles19
15-04-2010, 14:10 PM
[QUOTE=jeffrey;205218]No, it's automatic. See post #2 on http://www.landlordzone.co.uk/forums/showthread.php?p=205214#post205214
If L does not want an SPT to arise, he must serve s.8 or s,21 Notice sufficiently early in the fixed term.
QUOTE]

Ah, so if I served a S21 with two months notice, then it would not run on into Periodic? What is it called then?

And only if and when I accept a rental payment does it becomes periodic - is that correct?
C

Lawcruncher
15-04-2010, 14:24 PM
Whether or not a section 21 notice is served is irrelevant. If the tenant remains in occupation after the expiry of the fixed term a periodic tenancy arises.

As Jeffrey says, the words you quote do not operate to extend the tenancy in any way.