Rental payment on 1st of each month

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  • Berlingogirl
    replied
    Yes, the tenant can still be charged. The tenant has entered an agreement where he is legally obliged to pay the rent until the last day, and the landlord is legally obliged to let the property to the tenant. A landlord can still refuse to consider whatever problem the tenant has and ask for the full rent.

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  • Policy reader
    replied
    Originally posted by jpkeates View Post
    A tenancy can be surrendered before the end of a fixed term (without a break clause) in the by the tenant with the landlord's agreement.
    A tenancy can be terminated before the end of a fixed term by a court following notice under section 8 of the Housing Act 1988
    A tenancy agreement can be ended by mutual agreement with the tenant and landlord.
    A tenancy agreement can be ended by a court if it is impossible for it to continue.
    Most tenancy agreements end if the property burns down or floods.
    But can the tenant be still charged with the rent until the last date of tenancy if he wishes to end tenancy early. For example due to change in circumstances or some hardships arise or he has to travel abroad for longer time. Can landlord still refuse to consider these and ask to pay the full rent until the tenancy ends?

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  • jpkeates
    replied
    A tenancy can be surrendered before the end of a fixed term (without a break clause) in the by the tenant with the landlord's agreement.
    A tenancy can be terminated before the end of a fixed term by a court following notice under section 8 of the Housing Act 1988
    A tenancy agreement can be ended by mutual agreement with the tenant and landlord.
    A tenancy agreement can be ended by a court if it is impossible for it to continue.
    Most tenancy agreements end if the property burns down or floods.

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  • Policy reader
    replied
    If a tenancy agreement hasn't got break clause then how a 12 months tenancy agreement can be terminated earlier? What law says about it as how much the tenant forfeit or owe?

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  • jpkeates
    replied
    Yes, most landlords aren't trying to overcharge their tenants.

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  • Policy reader
    replied
    You mean in the last month simply pay what will cover from 1st of the month until the last day of tenancy date instead pay the full month rent.

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  • jpkeates
    replied
    That's not the point.
    The tenant doesn't owe the landlord any rent after the tenancy has ended, but there's no mechanism for returning any money already paid after the tenancy ends.
    The only mechanism that overrides that is a) if the tenancy agreement has such wording (never happens) or b) the tenancy has ended as a result of a section 21 notice, which was added by the deregulation act (which removed the requirement for s21 notice to end at the end of a tenancy period).
    I suspect because someone noticed that this would mean that more tenancies would end not at the end of a tenancy period, and there was no other mechanism for returning rent paid in advance.

    If there was already such a requirement, most of that section of the act would be redundant.

    It's more than likely that most landlords and tenants sort this out between themselves, because the tenant knows they're moving out before they pay the last month's rent, so they would typically pay what they think they'll be due.

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  • Policy reader
    replied
    Fixed term tenancy

    You have to pay your rent until at least the end of your fixed term. You might need to pay rent after your fixed term if you:
    • stay in the property
    • don’t give notice in the correct way - this will depend on the type of tenancy you have and what your tenancy agreement says
    https://www.citizensadvice.org.uk/ho...-your-tenancy/


    Look above official quote. Tenant has to pay until the last day of tenancy and only be liable to pay more rent if don't leave or don't give the notice which in case of fixed term tenancy he isn't bound to give. In that case due to landlord's own messy date of rent collection has no right over surplus rent.

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  • jpkeates
    replied
    Originally posted by Policy reader View Post
    By law the tenant is responsible for the rent until the last day of tenancy agreement date and if the tenant has left without delaying even one day means not even letting to become the periodic contract then landlord owe to tenant and will have to refund him.
    Which law is that, then?

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  • Policy reader
    replied
    I still disagree that the landlord is not responsible to give refund of surplus rent where the tenancy is over and tenant left the property. By law the tenant is responsible for the rent until the last day of tenancy agreement date and if the tenant has left without delaying even one day means not even letting to become the periodic contract then landlord owe to tenant and will have to refund him.

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  • jpkeates
    replied
    Because the wording of tenancy agreements usually doesn't allow for it.

    Tenancy agreements are all different, but most of them say something along the lines of "The tenancy will start on 21/01/2020 and last for 12 months ending on 20/01/2021. The rent is £800 per month and is due in advance on the 21st of each month".

    There's nothing that says that any part month is subject to a rebate or that in a final month the rent should be pro-rated.
    In most cases the landlord and tenant come to a perfectly sensible arrangement and everyone's happy, but not all tenancies end in such a neat and tidy way.

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  • Policy reader
    replied
    But why the landlord shouldn't refund the overpaid rent when the tenant has left on the expiry of tenancy?

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  • jpkeates
    replied
    Originally posted by Policy reader View Post
    How will it not benefit to landlord where tenancy agreement is expiring before 1st of each month and he has already been paid with surplus rent? Doesn't is it a better idea to start tenancy very close to 1st?
    Because when the rental periods and the payment periods are out of synch it makes the end of the tenancy very messy.

    Adjusting the rent with a part monthly payment is messy and unnecessary.

    The rent due date doesn't have to be the date that the rent is paid.
    Many of my tenants pay their rent when they are paid, which is later than the date it's due, we've just made a sensible agreement that that's OK.
    They're technically in arrears for a while, but I know when the rent is going to be paid and it is.

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  • Policy reader
    replied
    Originally posted by jpkeates View Post
    It's a terrible idea that doesn't benefit anyone, including landlords.
    How will it not benefit to landlord where tenancy agreement is expiring before 1st of each month and he has already been paid with surplus rent? Doesn't is it a better idea to start tenancy very close to 1st?

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  • jpkeates
    replied
    Originally posted by Policy reader View Post
    So it means by setting the rental payment day on 1st of each month is actually benefiting to landlord because a lot of tenancies can be started on any day of the month instead exactly on 1st.
    It's a terrible idea that doesn't benefit anyone, including landlords.

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