have I worked this out right?

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    have I worked this out right?

    My tenant has given notice to quit.

    The rent is due in advance on 1st of each month but the tenant pays around the 23 of each month.

    They gave notice on 23 July and are vacating on 23 august. They owe the rent that is due on 1st August, which would be for the period 1 august to 31 August.

    So should I only charge rent until 23 August or should they to pay until 31 august.

    At the moment they are refusing to pay to psy for august as they do not believe they owe it, basically because they changed the payment date, which we have explained to them and provided a rent reconciliation.

    If they do not pay we will consider taking them to the small claims court so want to make sure we are only asking for and claiming what is owed.

    Any help or advice would be really appreciated.

    Thanks

    #2
    So AST states that rent of £x pcm is payable in advance on 1st of every month?

    Some dates would help eg precis of rent statement for 2 months either side of the change to the 23rd.
    Did they pay full rent on thr 23rd? Did you levy 23 days rent, or just accept late payment of rent on 23rd?

    Yes we all like to pay out after receiving monthly wage and LLs and Ts can sgree to change payment date, but not the AST specified rent due date as it leads to confusion with tenancy period and due notice expiry dates. So this is set by the AST rent due date and payment frequency.
    ie The rent periiod runs from 1st to last day of month inc, Similarly for SPT tenancy period. If Tenancy is now periodic (fixed term has ended) then Ts are liable for rent to 31st, even if they leave on 23rd, but if they gave valid NTQ on 23rd Jul it cannot expire untl 30th Sept. Maybe worth ignoring extra month and just make sure rent is fully paid to end of Aug, no difficult calculations tp make, but I doubt Ts will understand.

    Comment


      #3
      The AST controls the rent due date, the payment date is entirely separate unless you have agreed differently and formally with the tenant.
      Agreeing to move the payment date does not imply an agreement to move the rent due date in the AST.

      Essentially the best analogue is that the rent due date is like issuing an invoice.
      They owe you the money from that point, you have simply helped them out by allowing 22 days credit, so that they don't pay until the 23rd.
      The invoice date (and the date that the debt arises) is still the 1st of the month.

      However, you have complicated things by accepting a notice that I suspect was invalid - it should have been a month's notice terminating at the end of a rent month (i.e. the 31st August).
      Even if it isn't invalid, it does complicate things as rent is normally payable in whole months.
      However, you've agreed it now.
      You'll need to refer to whatever agreement you have come to with the tenant, as the actual law isn't going to help here.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment

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