apportionment question

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

    apportionment question

    If I paid rent in advance (6 months), and my rental agreement stated

    "Rent: The tenant shall pay [amount redacted] per week being [amount redacted] payable each half in advance ("the Rent") for the duration of the Tenancy

    Payable: [amount redacted] (being the first six Rental instalments together with the Deposit) to be paid by cleared funds on the signing of the Agreement and thereafter [amount redacted] payable on the 10th day of every half year in advance by standing order..."

    Is this rent apportioned for the first six months, or could this be taken to mean monthly due to it saying "the first six Rental instalments"?

    and...If I already received a refund for part of this six months rent when the tenancy ended would this make any difference to the apportionment of the rent?

    Thanks

    #2
    But is the rent per week or per six months? The clause has it both ways; what poor drafting.
    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


      #3
      Originally posted by jeffrey View Post
      But is the rent per week or per six months? The clause has it both ways; what poor drafting.
      there would be an argument both ways then? I say it's per week as I wish to claim rent back that I paid in advance, ended the tenancy and a new tenant is now in situ.

      and poor drafting? well good to know Foxtons are leaders in yet another area

      Comment

      Latest Activity

      Collapse

      • Reply to Labour taxation plans
        by theartfullodger
        May I quote the Telegraph. on Sunak's kind gift of the highest tax burden for quite some time....

        https://www.telegraph.co.uk/business...tax-burden-70/
        22-01-2022, 18:10 PM
      • Labour taxation plans
        by steaming
        Rachel Reeves R4 this am told the interviewer that Labour (when in power) would raise money by taxing those with BTL property much more than at present, she opined it was wrong that “they” were “getting away with it”. No challenge from BBC or fact check as to present tax. You are warned.
        20-01-2022, 16:55 PM
      • Reply to Labour taxation plans
        by SouthernDave
        The limited company system has been abused for too long by people trying to save on tax by claiming they are a company. I know loads of people of set themselves up as limted companies and have now been caught by IR35. They have spoiled it for those of us who have proper companies to rub who used to...
        22-01-2022, 17:55 PM
      • Reply to Greetings, I Come in Peace
        by SouthernDave
        I thought the main issue of taking a tenant on UC is not so much the fact they are receiving benefits, but the fact that its a pain in the proverbial to evict as the council tell them to sot tight until forced out by bailiffs....
        22-01-2022, 17:47 PM
      • Greetings, I Come in Peace
        by AVJ113
        Hello all, I am a prospective landlord. I will be arranging my first mortgage in principle today as a start to my evil buy-to-let empire. As a total newb, what would be the one piece of advice you would give after your years of experience as a landlord?
        20-01-2022, 07:24 AM
      • Reply to Cheapskate landlord wants to end tenancy
        by AndrewDod
        I think you need to ask whether he/she is responsible for the things you say, and whether these warrant immediate attention as you think they do:

        a) leaking shower - what do you mean exactly. Leak from where, when...
        b) broken burglar alarm - what is broken? What does your contract...
        22-01-2022, 16:59 PM
      • Cheapskate landlord wants to end tenancy
        by Lucylou99
        Hi just after some advice. I have been renting the property for 4.5 years, 4 of those with a fantastic landlord and 6 months with a new landlord. When he took over he immediately increased the rent by 25%, annoying but perfectly within his rights. The main issue is maintainance and repairs. I cant report...
        21-01-2022, 22:11 PM
      • Reply to Occupational rent to an executor.
        by Lawcruncher
        It is in the nature of co-ownership that each owner owns the whole and each is therefore entitled to occupy the whole. The sister's right.therefore is not to receive rent but to occupy the property as well. If the sister does not want to share occupation but wants some benefit then, keeping things simple,...
        22-01-2022, 16:08 PM
      • Occupational rent to an executor.
        by Yoda 111
        I am currently living in my deceased mother's house which I have lived in for 46 years my sister is the executor of the Will. My mother died in February 2020 so nearly 2 years ago and now my sister want's to charge me occupational rent from the time of death up until grant of probate was granted may...
        20-01-2022, 19:44 PM
      • Reply to Greetings, I Come in Peace
        by AVJ113
        Not at all, it's all very informative, thank you. I think I might opt out of criterion 3 though, I'm not a pie and chips man myself....
        22-01-2022, 15:20 PM
      Working...
      X