AST - 12 month term, but weekly rent

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    AST - 12 month term, but weekly rent

    Hi

    I have a confusing question regarding a strangely setup AST. The term of the AST is 12 months, but the rent is paid weekly.

    In such a situation, when does the end of the fixed period occur? After 12 calendar months or after 52 weeks?

    Lets use this as an example:
    Tenancy starts on 26 May 2010. Using calendar months, I would expect the last day of the fixed period to be 25 May 2011? This would be true if rent was paid monthly right?

    What happens if rent is paid weekly? Using weekly rental in the example, the rental period runs starts on a Wednesday and ends on a Tuesday right? The final Tuesday would be 24 May 2011 and not 25 May, so which is the correct end date of the fixed period of the AST?

    #2
    As the term is clearly stated as 12 months, then it must be 12 months, not 52 weeks. So, the last day of the fixed term is 25th May 2011.

    The term can be expressed as days/weeks/months; the frequency of rent payments is separate and doesn't affect the length of term. For example, the term could be 137 days commencing 26th May 2010, and it would make no difference whether the rent was payable weekly, fortnightly, monthly, or quarterly, would it?

    Comment


      #3
      The frequency with which the rent is paid is irrelevant. Unless the agreement says otherwise, "month" means "calendar month" - see section 61 of the Law of Property Act 1925.

      Comment


        #4
        Originally posted by cuberoot View Post
        The term of the AST is 12 months, but the rent is paid weekly.
        I do hope that you issued a rent book (or something similar) to T. You commit a criminal offence if you don't [s.4 of LTA 1985].
        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.
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        Comment

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