Last month's rent: Does it need to be whole?

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    Last month's rent: Does it need to be whole?

    Hi everyone
    I've been renting a property in Scotland for the last 8 months and today I gave my 1 month notice to leave on the 30th of May. The rent gets paid on the 12th usually so I think I only need to pay 18 days of rent for the last month right?

    My landlord is asking me to pay full rent and keep the keys till the 12th of June, which I don't want to do. She said that if she manages to rent it quicker then she'll refund me the difference.

    I'm wondering, the usual thing to do is to give the leave notice on the the day of the rent, or is it just a strange request by my landlord?

    Edit: I rented the property last August, so I think the contract is for a private residential tenancy. Actually my contract's title is "SCOTTISH GOVERNMENT PRIVATE RESIDENTIAL TENANCY AGREEMENT FOR THE PRIVATE RENTED SECTOR" so it must be that

    Thanks for your support, this forum is awesome btw

    #2
    Unless Scotland is special (I think not) you buy rent in chunks of one month (as you buy apples). So you owe the whole month unless agreed otherwise.

    Comment


      #3
      The Private Residential Tenancy* agreement states: "Your tenant has to give you at least 28 days' notice in writing if they want to end the tenancy (unless they ask for shorter notice and you agree in writing). The notice period will begin on the day you get the notice from your tenant, and ends 28 days after that date."
      I see no reference to the date of the contract start date, and that's how we've dealt with moving out in the last 2 properties I've been renting here so I'd be surprised if that's the case actually

      *https://www.gov.scot/publications/pr...%20that%20date

      Comment


        #4
        (Assuming your notice was valid and/or accepted by landlord)

        I'm not sure. I've read (bits of) the PRT Act, ditto bits of Shelter Scotland Legal and citizens advice. Can't find the answer (probably me..).

        Call Shelter Scotland 0808 800 4444 and ask, then please post their answer here! (May be a wait from this overworked charity)

        If no sensible answer I'd be inclined just to pay 18 days rent then see if landlord complains - if he does ask his grounds. Or he could take you to Housing tribunal...

        Surely sensible justice is you only pay until tenancy ended...

        Slàinte mhath!
        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
          Not unless the tenancy agreement specifies some sort of pro-rata rental rate.

          Like £500 for a month
          £50 on a daily basis.

          If not there is no basis whatever for making any assumption as to the meaning of a half month.

          Comment


            #6
            Just called Shelter Scotland and they said it's irrelevant when the contract starts, I can leave with 28 days notice and thus the last month is not necessarily paid in full

            Comment


              #7
              AndrewDod,

              As the tenant said, it does NOT matter what the landlord puts in to the rental agreement the Scottish Government one applies.

              The landlord can add items only of they do not detract from the rights the tenant has.

              Yep.
              It is a rolling 28 day contract

              Also
              The only entities that can end a tenancy agreement in Scotland are the tenant and the Scottish Courts / tribunal service

              A landlord cannot terminate an agreement they can only ask the tenant to leave.

              Comment


                #8
                So correct me if I am wrong - the Scottish Government says that rents in Scotland are paid on a daily basis. Interested to see the lines of the law. Just asking. So far the cited bit ofg law "The notice period will begin on the day you get the notice" has no bearing on that - it applies to the notice AND WHEN THE NOTICE EXPIRES - A DIFFERENT MATTER.

                You may be correct but I haven't seen that so far.

                Comment


                  #9
                  The legislation is here, and it clearly says 28 days notice starting to run from when written notice is given to expire 28 days later. 49Requirements for notice to be given by tenant

                  (1)A notice fulfils the requirements referred to in section 48(1) if—

                  (a)it is given—

                  (i)freely and without coercion of any kind,

                  (ii)after the tenant begins occupying the let property,

                  (b)it is in writing, and

                  (c)it states as the day on which the tenancy is to end a day that is after the last day of the minimum notice period.

                  (2)A notice is to be regarded as fulfilling the requirements referred to in section 48(1), despite its not complying with the requirement described by subsection (1)(c), if the landlord agrees in writing to the tenancy ending on the day stated in the notice.

                  (3)In subsection (1)(c), “the minimum notice period” means a period which—

                  (a)begins on the day the notice is received by the landlord, and

                  (b)ends on the day falling—

                  (i)such number of days after it begins as the landlord and tenant have validly agreed between them, or

                  (ii)if there is no such valid agreement, 28 days after it begins.

                  Comment


                    #10
                    OK fair enough - Scotland is a different country with different laws, and with any luck we can say goodbye to them soon as they wish ..... (lived in Scotland a long time, and enjoyed it and all the privileges).

                    Comment

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