Rental period vs tenancy period

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    Rental period vs tenancy period

    We are often reminded on here (usually by Westminster) that a rental period is not the same as a tenancy period. Could someone explain the difference, and point out where/how you can come a cropper by getting it wrong?
    IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

    #2
    For example, in the context of a periodic tenancy arising after a fixed term, and assuming that the rent is payable monthly:
    The first tenancy period will start the day following the fixed term's last day and run for a month. And so on for the following periods.
    Rental periods will run similarly from rent due date to rent due date.

    These two sets may not coincide and it is the tenancy periods set that matters for notices (s.21 or NTQ).

    Comment


      #3
      So do you mean than during the periodic the tenancy period is always calendar monthly, but that the rental period might be weekly/4 weekly/quarterly?
      IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

      Comment


        #4
        No.
        In my example above both the tenancy and rent periods are monthly. But the dates may not align.

        For example it might have been agreed that rent will be paid on the 1st of the month (rent periods run from 1st to last day of calendar months), but the fixed term somehow ends on, say the 15th (tenancy periods run from 16th to 15th).

        I guess that is perhaps more obvious if you grant a tenancy with rent payable n weekly but with a fixed term of x months. In such a case there is almost no chance that the end of the foxed term will coincide with the end of a n weekly period, hence shifting the tenancy periods with respect to the rent periods.

        Comment


          #5
          Originally posted by Grrr View Post
          We are often reminded on here (usually by Westminster) that a rental period is not the same as a tenancy period. Could someone explain the difference, and point out where/how you can come a cropper by getting it wrong?
          Tenancy periods in a SPT begin the day after the fixed term expires and their length is based on the frequency with which rent is payable.

          Example: Six month term commencing 20th January, rent payable monthly on the 1st of the month (T pays pro-rata for period 20th - 31st January). Last day of the fixed term is 19th July, and the SPT commences 20th July, with the first tenancy period being 20th July - 19th August; tenancy periods continue thereafter to run 20th - 19th of the month. Rent continues to be due on the 1st of the month, and the rental periods run 1st - last day of the month.

          LL's s.21 notice in a SPT must give at least two months and also expire at the end of a tenancy period, not a rental period, so in my example the LL's notice must expire "after 19th [month]".

          Comment


            #6
            Originally posted by Grrr View Post
            We are often reminded on here (usually by Westminster)...
            Lawcruncher retires offended to a darkened room to recover from the slur as he has made it his mission at every possible opportunity to point out the difference between rental periods and tenancy periods.

            Comment


              #7
              Really, any monthly dates on which rent is payable during the fixed term still apply during the SPT;
              but it's the rent frequency that's more significant (as it decides the SPT's frequency).
              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).

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