Rent In Advance

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UK44 | 20:16 Fri 20th Dec 2013 | Law
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My tenant is about to leave after a 12 months tenancy agreement and has acknowledged my notice of repossession. They moved in on the 23rd of Feb 2013 and are due to leave on the 23rd of Feb 2014. They paid the first months rent on the 1st of March 2013 as a month in advance because I said I would waver the 8 days at the end of Feb, they have asked for confirmation that the last rent payment will be on the 1st of Jan 2014, however this means that they will have only paid 11 rental payments for a 12 month tenancy period. Sorry if I appear silly but as a first time landlord I am trying to fully understand the difference between advance and arrears payments. Are they correct or should I be asking for a pro-rater payment for the 23 days of Feb that they will still be in the property, which means that that they have made 12 rental payments? Thank you for your advice Joanne :-)


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No deposit? No month in advance?
So in March 2013, they were paying for March. In Jan 2014, that will be January's payment, so they will still owe for 23 days.
The 1st of Jan payment is for January.

They need to pay another payment of 1st Feb but for only 23 days.
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That what I thought but I wanted to check first. It means they will owe £408.00, which is the pro-ratered amount for the 28 days in February. I also have a deposit, which I registered that they will get back once the property has been inspected. Thanks and Merry Christmas! Joanne
UK I habitually say the rent day for the month is the 14th and everyone then knows that it is for that month - even tho there may be a few days 'spare'. It (the rent) is then two weeks in arrears and two weeks in advance for both parties....

Housing benefit I regret to say cant ever get their brains around that one.

however it would have solved the problem you have (which I have never had).

Your tenants seem to be pulling a fast one - which I have neva had either but look on the bright side - you are getting rid of them.
I agree they have to pay you Feb's rent and I think they should pay you for the full 28 days. Thus, you being kind to them last year, they can make up for by paying the full rent.
However, I guess 23 days is better than nothing.

Oh I see there may be a mis understanding
confirm to them they have to pay 23 days for Feb 2014
as a matter of contract ffrom the lease
AND they are gonna get their deposit back
(as two different transactions)

In the Good Old Days I did have one tenant who regarded the deposit as the last months rent

and also it is possible when you said waiver eight days in feb (2013)
they 'heard' waiver (the whole of ) feb ( 2014 ).

I by the way have never waived at the end of a contract for fear the tenants think - Oh last month free, we will stay on for a few more months and rent free - just watch this !

thank God for written documents !

How many days do you think there are at the end of Feb 2013 ?
I can only count six . but that doesnt mean you give them two more days free !
If they don't pay you for February you need to make sure you retain it from their deposit. And make sure you do an inventory check with them present to identify whether there are any dilapidations for which you should retain part of the deposit as well.
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