Monthly rent - can you charge full month for part?

[LesleyAnne]

Our T was due to move out by midnight on 31 May, but didn't, and Letting Agent still doesn't have key returned. T already 2 months in arrears with rent (due 1st of month), but as he has now overstayed into June's rental period, are we entitled to claim back a whole month's rent for June, or would it be better to charge just for days overstayed until tenancy is finally terminated?

[mind the gap]

Our T was due to move out by midnight on 31 May, but didn't, and Letting Agent still doesn't have key returned. T already 2 months in arrears with rent (due 1st of month), but as he has now overstayed into June's rental period, are we entitled to claim back a whole month's rent for June, or would it be better to charge just for days overstayed until tenancy is finally terminated?

No, legally if rent was payable monthly then T becomes liable for another whole month's rent as soon as he overstays even by one day. It is not 'apportionable', (I think this is the correct term).

[thesaint]

Try and contact them to get the keys back asap in return for no further charge for not returning them sooner.

If you charge them for the whole period, they are entitled to stay there for the period you are charging rent.

As they owe two months rent, the likelihood of them paying is slim to nil.

[LesleyAnne]

Thanks for replies.

Getting hold of T is difficult as he seems to have done a bunk to avoid facing the LA and being tackled again about the rent arrears, but we know T was still there on Tuesday 1 June as he was seen in the property. As he hasn't officially returned the keys, he has not officially accepted the termination of his tenancy, and therefore we cannot go into the property until he does, or the LA comes up with some other proof that he has actually vacated. Therefore T is preventing us re-letting.

LA is compiling case for rent arrears claim, and I just wanted to know whether adding this month aswell is legit, before I speak to LA again later.

Thanks again

[thesaint]

LA is compiling case for rent arrears claim, and I just wanted to know whether adding this month aswell is legit, before I speak to LA again later.

Thanks again

You can add that it is "unpaid", but as it is for rental for a time in the future, it isn't really "arrears".

[LesleyAnne]

You can add that it is "unpaid", but as it is for rental for a time in the future, it isn't really "arrears".

Thats why I asked in my OP would the "month's" rent apply or should we just charge for the days overstayed? As he hasn't handed back the keys, theoretically he hasn't officially vacated the property, so surely rent for the days from 1st June to whenever the keys appear, or we can prove when he actually left, should be due. Regardless of whether he is still living there, failing to hand back the keys is preventing our access to prepare for another tenant.

[mind the gap]

Thats why I asked in my OP would the "month's" rent apply or should we just charge for the days overstayed? As he hasn't handed back the keys, theoretically he hasn't officially vacated the property, so surely rent for the days from 1st June to whenever the keys appear, or we can prove when he actually left, should be due. Regardless of whether he is still living there, failing to hand back the keys is preventing our access to prepare for another tenant.

You are correct. The tenancy has by default become a statutory periodic tenancy and he owes for the whole month whether he returns and lives there or not.

'the saint' is confusing the issue by splitting hairs about rent unpaid and arrears.

@'thesaint' : LesleyAnne's LA is indeed preparing a claim for rent arrears (ie the rent relating to a period which has now passed). He will now be able to add rent unpaid for June to that claim (and for any subsequent months until the tenancy is brought to an end).

[LesleyAnne]

Thank you

[duomaxwell]

Sorry to intrude on your thread but I have a similar question, my rent is per week however the landlord gets a set amount every month which is the same that way he has the same amount coming in over the term instead of charging say £250 a month.

The rent is £50 per week on the contract but I may need to stay a week or so longer but LL wants me out so new tenant can move in despite me telling him originally that I wanted to stay an extra 3 weeks and him only notifying me a few days ago about the new tenant moving in before the new student year(its a student house)

So because its weekly rent and if I wanted to stay an extra week could he charge me for the month?

[mind the gap]

Sorry to intrude on your thread but I have a similar question, my rent is per week however the landlord gets a set amount every month which is the same that way he has the same amount coming in over the term instead of charging say £250 a month.

The rent is £50 per week on the contract but I may need to stay a week or so longer but LL wants me out so new tenant can move in despite me telling him originally that I wanted to stay an extra 3 weeks and him only notifying me a few days ago about the new tenant moving in before the new student year(its a student house)

So because its weekly rent and if I wanted to stay an extra week could he charge me for the month?

Regardless of how frequently you actually pay the rent, does your tenancy contract say it is payable weekly, monthly, termly or what?

[duomaxwell]

Regardless of how frequently you actually pay the rent, does your tenancy contract say it is payable weekly, monthly, termly or what?

I will take a look tonight, but offhand I know it says rent it £50 per week, not say £200 per month so it says a weekly rent price, it might however say its due in monthly installments so this is the confusing thing also when I moved I had to pay rent weekly till my loan was in but then paid some in advance despite the landlord expecting it on the 1st of each month which might suggest monthly?

So offhand I dont know if it was due weekly and landlord just expected it monthly.

I have a scan of the TA saved so will check.

[mind the gap]

I will take a look tonight, but offhand I know it says rent it £50 per week, not say £200 per month so it says a weekly rent price, it might however say its due in monthly installments so this is the confusing thing also when I moved I had to pay rent weekly till my loan was in but then paid some in advance despite the landlord expecting it on the 1st of each month which might suggest monthly?

So offhand I dont know if it was due weekly and landlord just expected it monthly.

I have a scan of the TA saved so will check.

Until you know what it specifies, we cannot be much help to you, I'm afraid.

[duomaxwell]

Just checked and it says in monthly installments, so maybe thats out of the window, just a pain since it means I have to view a flat tommorow which means 3 hours on a train(for a 100 mile one way journey) due to connections and going further north than needed then back south!

As a matter of interest on average how long does a credit search take on 1 person, or a 2nd if they are guarantor and considering that the guarantor is a working person not a home owner since a home owner is not needed, just worried as I have a bad credit rating and have a huge hunch I will be rejected leaving me a few days to find somewhere else and hire a man with van.

[mind the gap]

Just checked and it says in monthly installments, so maybe thats out of the window, just a pain since it means I have to view a flat tommorow which means 3 hours on a train(for a 100 mile one way journey) due to connections and going further north than needed then back south!

As a matter of interest on average how long does a credit search take on 1 person, or a 2nd if they are guarantor and considering that the guarantor is a working person not a home owner since a home owner is not needed, just worried as I have a bad credit rating and have a huge hunch I will be rejected leaving me a few days to find somewhere else and hire a man with van.

Depends on the credit check company used; it can be fairly quick (a couple of days).

[thesaint]

Thats why I asked in my OP would the "month's" rent apply or should we just charge for the days overstayed? As he hasn't handed back the keys, theoretically he hasn't officially vacated the property, so surely rent for the days from 1st June to whenever the keys appear, or we can prove when he actually left, should be due. Regardless of whether he is still living there, failing to hand back the keys is preventing our access to prepare for another tenant.

You have to decide what your ultimate aim is.
If you know the tenants has assests and/or money that means he will pay his arrears already accrued, then go for another months rent.

If you prefer he left asap, offer him a deal. I know what I would do.

If your agent doesn't "split hairs" on the court form, you may well find that your case is thrown out at your cost. You can either point this out or not, it makes no odds to me.