End of 6month AST

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

    End of 6month AST

    My 6 month AST ends on the 6th Nov 2008. My rent is collected on the 1st of the month i.e the next one is 1st Nov. Can I move out prior to the 6th Nov with no financial loss or having to give notice on the landlord.

    #2
    You are free to leave at the end of the AST fixed term without giving your landlord any notice.

    As long as you have paid all the rent for the term as stipulated on the tenancy agreement, and the property is handed back in the same condition as it was let to you, accepting fair wear and tear, then you should suffer no financial loss.
    My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

    Comment


      #3
      If you are going to move in early November, you should let your landlord know now as a matter of good practice. I am sure he will appreciate 3 weeks heads-up rather than none at all.

      Comment


        #4
        Make sure that the six November days' rent is paid. Calculate this on YEARLY basis, i.e assess one year's rent (2008) then:
        a. divide by 366 (for daily rate); and
        b. multiply by 6.
        Reason: Apportionment Act 1870 deems all rents etc. to be apportioned on daily basis referrable to full year's rate.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          If it was a 6 month AST then the rent due for that period would be on the tenancy agreement, both as a monthly figure and perhaps a whole figue too.

          Surely there would only be a need to apportion the rent on a daily basis if he was not leaving on the last day of the tenancy term.

          For example, if he moved in on the 6th May he probably paid pro rata for that month, i.e. the 6th until the 30th, to make his rent due on the 1st of the month calendar monthly, a common enough scenario. In that case he only needs pay the difference between the pro rata amount he paid initially and the full months rent to complete his contract of paying 6 months rent.

          If his rent period remains 6th to the 5th, but the rent is collected on the 1st of the month in advance then he has probably already paid his 6 months rent as the October payment would have taken him upto the 6th November. It would be unusual if the rent was paid monthly in arrears.
          My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

          Comment


            #6
            Originally posted by northern pipeliner View Post
            My 6 month AST ends on the 6th Nov 2008. My rent is collected on the 1st of the month i.e the next one is 1st Nov. Can I move out prior to the 6th Nov with no financial loss or having to give notice on the landlord.
            Is your rent collected on the first so that it has time to clear by the 6th of the month; so the rent is actually due on the 6th? Or have your payments actually been adjusted so that rent becomes due on the 1st?
            All posts in good faith, but do not rely on them

            * * * * * ** * * * * * * * * * * * *

            You can search the forums here:

            Comment


              #7
              I'm in a similar situation and was wondering about that. My contract commenced on 15th but my landlord wanted payments to be in his account by the 3rd of each month. So he calculated a daily pro-rata amount for the first payment covering 15th to 3rd, and my standing order is adjusted to ensure payments reach his account by the 3rd.

              Now I'm leaving at the end of the period (3/12), but when I calculate the daily rate from 15/11 to 3/12 and add this to the original pro-rata payment at the start, it comes to more than the monthly rent. Should I rather just pay the difference between the first pro-rata payment and a full month's rent ? That would seem to make more sense as then the landlord will have received 6 full monthly payments in total.

              Sorry if this question seems rather dumb.

              Comment


                #8
                Sorry, please ignore above post, I have just realised Oaktree has answered my exact question in one of the above posts !

                Thank you, Oaktree

                Comment


                  #9
                  Originally posted by clothespeg View Post
                  I'm in a similar situation and was wondering about that. My contract commenced on 15th but my landlord wanted payments to be in his account by the 3rd of each month. So he calculated a daily pro-rata amount for the first payment covering 15th to 3rd, and my standing order is adjusted to ensure payments reach his account by the 3rd.

                  Now I'm leaving at the end of the period (3/12), but when I calculate the daily rate from 15/11 to 3/12 and add this to the original pro-rata payment at the start, it comes to more than the monthly rent. Should I rather just pay the difference between the first pro-rata payment and a full month's rent ? That would seem to make more sense as then the landlord will have received 6 full monthly payments in total.

                  Sorry if this question seems rather dumb.
                  Technically the "period" of your tenancy is from the 15th to the 14th. You made an arrangement for the convenience of your landlord with the rent, but for purposes of notice and when a periodic tenancy would commence when the fixed term expires if you stayed, the dates of the contract dominate rather than the date when you pay rent.

                  If you want to leave at end of fixed term, then pay only the remainder amount so that you only pay 6 months in total. By doing so, your LL will see that you only intend to stay to the end of the fixed term if you have not given notice yet. But it is best to give notice otherwise you may never get a good ref from your landlord.
                  All posts in good faith, but do not rely on them

                  * * * * * ** * * * * * * * * * * * *

                  You can search the forums here:

                  Comment


                    #10
                    Originally posted by clothespeg View Post
                    Sorry, please ignore above post, I have just realised Oaktree has answered my exact question in one of the above posts !

                    Thank you, Oaktree
                    too late!
                    All posts in good faith, but do not rely on them

                    * * * * * ** * * * * * * * * * * * *

                    You can search the forums here:

                    Comment


                      #11
                      I would also say to the OP, its not when you leave, but when you return the keys to the LL as you need to give him possession of the property before the strat of the new period. If you return keys a day late, then the periodic tenancy has begun.
                      All posts in good faith, but do not rely on them

                      * * * * * ** * * * * * * * * * * * *

                      You can search the forums here:

                      Comment


                        #12
                        I have just read my AST agreement which I signed again and have included the relevant section below

                        Term - For the term certain of SIX CALENDAR MONTHS and then continuing on a monthly basis until terminatede by either party giving written notice (i.e One month Tenant, Two months Landlord).

                        Sorry I should have quoted this in the original post. Does this change anything.

                        Comment


                          #13
                          This means that after the initial 6 calendar months is up the tenancy will lapse into a periodic tenancy; be out by the end of the 6th calendar month or be prepared to have to give a months notice and to pay another months rent!
                          My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

                          Comment

                          Latest Activity

                          Collapse

                          Working...
                          X