S21 and rent payable monthly but....

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    S21 and rent payable monthly but....

    Guys:

    Reviewing the wife's AST (from agent...) whereby the rent is stated as
    is payable... and thereafter the sum of £xxx to be paid on the ******teenth day of each calendar month throughout the remaining term subject to the provisions of clause 10.
    Clause 10 reads...
    Notwithstanding... the tenant agrees to pay the sum of £xxxx.xx in respect of start-date-of-fixed-term to end-date-of-fixed-term ...
    IE AST states rent payable monthly but clause 10 says pay all of rent up-front for the initial fixed term...

    I've convinced myself that does not make the rent payable anything other than monthly?? I'm checking as wife (i.e. me instructing agent to...) is about to issue S21 for fixed term of 6 months..

    Am I right a “normal” fixed-term (which has not yet ended..) S21 of at least 2 months notice expiring some time after end of fixed term is fine??

    (I feel fine making a mess of my own notices but if I mess up Mrs Artful's I'll be in real trouble,,,,,)

    Regards & thanks in advance...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    #2
    If the s.21 notice is being served during the fixed term, tenancy periods don't come into it, so rent frequency is irrelevant.

    Comment


      #3
      Thanks Westminster... calm reinforced....
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Arrrggghhhh... calm ebbs away...

        Just re-read the AST: It states ...
        Term: Six calendar months...
        .......
        From... 1n/xx/2012....

        to .. 31/yy/2013 .....
        i.e. - 6 months and a bit... {guess another reinforcement for being careful with those terms & end dates...}

        & looking at the whole fixed-term rent amount that was paid upfront doesn't seem to calculate correctly (out by about £40 in tenant's favour..) - (I'll ask them how they got to their number .. could be my mis-calculation..)

        So I guess it could be argued by the actions of the parties they've agreed to fixed term ending 31/xx/2013 ... but, were it to get to court, could tenant challenge Fixed term S21 or would we be best advised to add a couple of weeks on the expiry date of fixed-term AST just in case???
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          I'm lost. Has the fixed term finished or not?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Nope, fixed term ends end May...
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Originally posted by theartfullodger View Post
              Arrrggghhhh... calm ebbs away...

              Just re-read the AST: It states ...

              erm: Six calendar months...
              .......
              From... 1n/xx/2012....

              to .. 31/yy/2013 .....
              i.e. - 6 months and a bit... {guess another reinforcement for being careful with those terms & end dates...}
              What do you mean, six months and a bit? - 1st December 2012 to 31st May 2013 is exactly six months.

              & looking at the whole fixed-term rent amount that was paid upfront doesn't seem to calculate correctly (out by about £40 in tenant's favour..)
              Hang on, you're saying that the contract says rent was payable monthly, but your wife demanded all six months up front? So what was the initial sum paid (I'd presumed pro-rata) before rent was "thereafter" payable monthly?

              Whatever the case, I think your wife needs to find someone who is better qualified to draft tenancy contracts.

              Comment


                #8
                Agree with your last comment (wasn't me, honest!!!). Sigh!!.

                The tenancy was from mid-ish November to end May & I'm not sure if tenant offered or agent required all of fixed-term paid up-front.

                The tenancy says (see post #1) rent payable monthly (in clause 1..) but then clause 10 says all of fixed-term is paid up-front but I reckon gets the calculation of the amount wrong (in favour of tenant thankfully...).

                So we have a muddle: Term defined as 6 months but start/end dates for 6 months and a bit, rent payable monthly but fixed term paid in one lump. My concern is, if S21 fixed-term format is served with (say) expiry 1st June, will it be found valid if challenged by tenant due to the muddle over dates?? (Yes, waiting for answer on if prescribed info served: I know deposit is protected, I checked...)

                Sigh! 'twas for reasons like this I ended up doing my own Tenancy agreements in Scotland when my solicitor made even more serious errors.. (you can still easily write the equivalent of an AT if you are careless up there...)

                And yes, letting agent is one of the biggies...

                Apologies guys!!

                I'm kicking myself for not triple-checking it all before it was signed...
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Just make sure the Sec 21 ends after the end of whichever date is the latest.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    The fixed term dates muddle (whatever it is) doesn't matter. Just go with a s.21 expiry date which is after the latest possible fixed term expiry date (as thesaint says).

                    Your wife needs to be careful not to take rent in advance which could be construed as a deposit, however. See this article on the Nearly Legal blog. Also reported on Landlordlawblog.

                    Comment

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