How to calculate rent arrears if the first and last months rent has been paid in adv

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #31
    Originally posted by jpkeates View Post
    If the final month is the final month of the fixed term, probably.
    That’s never how these schemes work.
    If the term granted is a fixed term (and not a periodic tenancy with an extended first period) it takes some faulty drafting to provide for any payment to be made for any period after the fixed term ends.

    Comment


      #32
      Originally posted by Lawcruncher View Post

      If the term granted is a fixed term (and not a periodic tenancy with an extended first period) it takes some faulty drafting to provide for any payment to be made for any period after the fixed term ends.
      But that requires the landlord to actually use the money they hold for the last month of the fixed term, which I don't think is what happens.

      Comment


        #33
        I've seen a number (three or four, not that many!) of agreements with last month clauses.
        Never seen a single one that referenced a specific month.

        If the OP's agreement specified a month, I don't think his question would arise.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #34
          Only a judge (if it got to court..) could decide if the wording meant it was OK or it's actually further deposit.

          Simply not worth the risk. Stay boring, standard, as much as possible.

          But hey, still (largely) a free country!
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #35
            Originally posted by DPT57 View Post
            But that requires the landlord to actually use the money they hold for the last month of the fixed term, which I don't think is what happens.
            I think the point is that the landlord has the money and can spend it.

            However, if the fixed term is ended early and before the last month begins it is a bit of a condundrum as to what the position is with respect to a period in respect of which rent is paid but which is after the tenancy ends.

            Last month rent clauses really are best avoided, first because of the danger in getting the drafting wrong and finding the amount paid is a deposit which has not been protected, and secondly because unexpected consequences may arise.

            It all comes down to the basic advice that if you keep things simple you are less likely to come a cropper.

            Comment


              #36
              Originally posted by jpkeates View Post
              I've seen a number (three or four, not that many!) of agreements with last month clauses.
              Never seen a single one that referenced a specific month.
              I am not sure I am following you here. If you grant a fixed term tenancy for, say, six months starting on a specified date surely you must know when the last month is.

              Comment


                #37
                Originally posted by Lawcruncher View Post
                I am not sure I am following you here. If you grant a fixed term tenancy for, say, six months starting on a specified date surely you must know when the last month is.
                What I'm struggling to say is that the agreements with which I have any actual experience don't specify the month.
                They refer to the last month, not the last month of the fixed term.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #38
                  But if you have a fixed term what else can the last month refer to?

                  Comment


                    #39
                    Originally posted by Lawcruncher View Post
                    But if you have a fixed term what else can the last month refer to?
                    I think that the point is that landlords dont get it. They're failing to use the last months rent for the last month of the fixed term and just holding on to it throughout the successive periodic tenancy in the belief that they can use it for the last month that the tenant is in occupation. From what I can tell, its basically an attempt to prevent them being out of pocket if the tenant does a runner but has caused damage that means the deposit is needed for repairs.

                    Comment


                      #40
                      Originally posted by Lawcruncher View Post
                      In response to post 21 I am not sure that not knowing when the last month is has any relevance when it comes to deposits. The essential point is that if money is handed over and the tenant does not expect to get it back and the draftsman has not slipped up by trying to be too clever it cannot be a deposit.
                      The point I (think I) made by my analysis is that whilst the last month is known when the tenancy ends amicably, it is not known in advance if matters proceed to possession order or enforcement of that order.
                      • The T my have already made another payment for that month.
                      • There may not be a full "last monthly period"
                      Whilst the tenant does not expect to get back the payment, the T does expect to get the last month without further payment.
                      I would say that without very careful drafting (and my analysis suggests that may be difficult), the tenant has a good argument that it was, in effect, a deposit; unprotected and therefore penalties apply.

                      Comment


                        #41
                        Originally posted by Lawcruncher View Post
                        But if you have a fixed term what else can the last month refer to?
                        Do the rent terms not carry over to a SPT, requiring a new "last month" payment?

                        Comment


                          #42
                          Originally posted by MdeB View Post

                          Do the rent terms not carry over to a SPT, requiring a new "last month" payment?
                          No, because the last month of a fixed term is a unique period.

                          Comment

                          Latest Activity

                          Collapse

                          Working...
                          X