Advance rent and tenancy date ends

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  • Advance rent and tenancy date ends

    The property owner has the rent paid by standing order on the first of the month.
    If the check-in date is between the 16th and the end of the month, those remaining days are paid in advance with the one month's rent.
    The tenancy agreement runs from the check-in date for six or twelve months and ends on the penultimate day eg 17 March 2006 to 16 March 2007 but the rent has been paid to 31 March 2007.
    The tenant also has to sign a Section 21 with those dates.
    My point to the owner was that why should the tenant pay an advance and then have to get out with rent owed to them?
    The answer, 'If indeed there has been an overpayment then this would be refunded when the tenant leaves.'.

    Yours comments, please.

  • #2
    Am I correct in understanding that the start date of the tenancy is 16th and you were required to pay one months rental in advance and that was from the first of each month.

    If therefore you paid the initial months rental on 1st October and moved in on the 16th October you would on that date be a full one month in advance on the rent. By the first of November when the next payment is due you will only be two weeks in advance of the rent. On 16th November you will again be just one month in advance for the rent

    The difference between the payment date and the start and end dates of the tenancy complicates matters! It is probably best to work out the total of the six months rent due and then total the actual rent payments made during that period. If your final full payment would result in an overpayment reduce that payment in advance to cover the proportion between the number of days you will occupy the property in relation to the number of days in the month.

    You have not mentioned whether a deposit was also required. If a deposit is not being held the agreement between yourself and the landlord to this arrangement doesn't seem unreasonable.

    I'm wondering if the Section 21 is invalid if it contains information other than that covering Section 21 issues. A tenant is not obliged to sign a S21 notice (other than to acknowledge receipt)
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.


    • #3
      The agreement was dated from the check-in date eg 16 March 2006 and ran unril 16 September 2006.
      However, the owner demanded advance rent from 16/3-31/3 [16 days rent] plus April's rent as advance rental.
      The tenant has to sign an S21 dated effective 16 September 2006 but the rent collected on 01 September covers until 30 September.
      Surely, you should only pay rent up to the time that you are legally bound by the agreement and not beyond just to satisfy the accounts department.


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