Rent Apportioning

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    Rent Apportioning

    I have a query in respect to apportioning of rent.

    If a tenant services notice to terminate the tenancy agreement under a break clause and the notice expires at a random day in the month - i.e. not at the end of the monthly rental period; will in this case the rent due for the last period (start of new rental month until expiry of the notice) only be until the end of the tenancy or for the full monthly rental period since rent is payable in advance?

    There are no conditions attached to the break clause (e.g. that payments may not be in arrears, etc.) and the contract is silent on this situation.

    #2
    As I understand it, the general principle is that rent is paid in advance for the month. If tenant chooses not to use the whole month, then they are not entitled to a refund.

    Comment


      #3
      You should not agree a random date to end the tenancy, it should finish on the day before the rent is due, as long as the correct notice has been given. It would then be at your discretion to then apportion the rent if you wanted to.

      Comment


        #4
        I understand the logic to pro-rate rent already paid when the notice is given during mid-month but the situation is different. In this case the notice to terminate was given 2+ months before expiry of the tenancy. So before the start of the last rental period (rent monthly payable in advance), it is clear that the agreement will terminate mid-way the last rental period and it seems unfair to charge the tenant for the period between the termination of the agreement and the end of the rental period (which is 2 weeks). I am just not sure on the legal grounds whether the tenant has the right to pay pro-rata rent for the last rental period since I read conflicting views.

        Comment


          #5
          The calculation should be (monthly rent *12/365 * No. of days) to get the right cost per day.

          Comment


            #6
            Thanks. I assume the best would be to ask the LL before sending the notice and then put the termination date per whether he will apportion the rent or not for the last tenancy month?

            Comment


              #7
              Originally posted by ash72 View Post
              The calculation should be (monthly rent *12/365 * No. of days) to get the right cost per day.
              The difference is small but this is not the method specified by legislation. It is specific to the rental period (such that for instance when paying monthly, days in February have a higher rent than days in January). See for instance Deregulation Act 2015 Section 40.

              Daily rent = [rent per rental period] / [number of days in relevant rental period]
              There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

              Comment


                #8
                Originally posted by doobrey View Post

                The difference is small but this is not the method specified by legislation. It is specific to the rental period (such that for instance when paying monthly, days in February have a higher rent than days in January). See for instance Deregulation Act 2015 Section 40.

                Daily rent = [rent per rental period] / [number of days in relevant rental period]
                AFAIK that is only for tenancies ended by a S21 notice, not for tenant's notice.

                Comment


                  #9
                  Agreed. But it would make sense for the same to apply from either side.
                  There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

                  Comment


                    #10
                    Originally posted by London87 View Post
                    I am just not sure on the legal grounds whether the tenant has the right to pay pro-rata rent for the last rental period since I read conflicting views.
                    You basically just have a (typically) naff break clause.
                    The break clause should require any break to end the tenancy at the end of a tenancy period to fix the problem.

                    Otherwise, there is no generally applicable answer.
                    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


                      #11
                      Originally posted by doobrey View Post
                      Agreed. But it would make sense for the same to apply from either side.
                      It would make sense for Parliament to pass clear, unambiguous, laws.
                      But we don't get that either.

                      Comment

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