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Tenancy agreement

Hello,
Just hoping to get some advice for my nephew.
He signed a 51 week tenancy last year for a private house. The final months rent is due and we believe he should pay less as it isn't a full month but the agent is saying the total rent is split into 12 equal payments but that doesn't make sense as they didn't work out the total rent for 51 weeks they worked it out as 52 weeks.
Thank you for any advice you can offer
Reply 1
Original post by Isobel2000
Hello,
Just hoping to get some advice for my nephew.
He signed a 51 week tenancy last year for a private house. The final months rent is due and we believe he should pay less as it isn't a full month but the agent is saying the total rent is split into 12 equal payments but that doesn't make sense as they didn't work out the total rent for 51 weeks they worked it out as 52 weeks.
Thank you for any advice you can offer

Was the total amount due written on his initial contract or only a monthly sum?
(edited 10 months ago)
Reply 2
Original post by Euapp
Was the total amount due written on his initial contract or only a monthly sum?


Hi, there was a rent schedule attached to the contract which showed 12 x £2600 = £31200
Reply 3
Original post by Isobel2000
Hi, there was a rent schedule attached to the contract which showed 12 x £2600 = £31200

In which case if it was agreed to it is owed.( assuming the dates for the rental period were written as well) The landlord has established a global rent that he has divided into 12 payments which could have been 51 and that don’t necessarily correspond to each month, otherwise some months would have greater payments than others depending on the number of days.
If the contract states 51 weeks and includes a weekly rate in writing that doesn’t match the £31200 you may have grounds to question it, but this should have been done before signing
(edited 10 months ago)
Reply 4
Original post by Euapp
In which case if it was agreed to it is owed.( assuming the dates for the rental period were written as well) The landlord has established a global rent that he has divided into 12 payments which could have been 51 and that don’t necessarily correspond to each month, otherwise some months would have greater payments than others depending on the number of days.
If the contract states 51 weeks and includes a weekly rate in writing that doesn’t match the £31200 you may have grounds to question it, but this should have been done before signing


I believed that if the rent is stated as £2600 per month then that's £600 per week. £600 x 51 weeks = £30600.
They have paid 11 payments of £2600 = £28600.
£30600 - £28600 = £2000 final rent.
Reply 5
Original post by Isobel2000
I believed that if the rent is stated as £2600 per month then that's £600 per week. £600 x 51 weeks = £30600.
They have paid 11 payments of £2600 = £28600.
£30600 - £28600 = £2000 final rent.

If the contract states a weekly or monthly rent , then it is. But if the contract states a global sum divided into 12 payments for a rental period of y weeks the fact that you decide that it makes x/ week or a monthly rent off is not relevant. What is relevant is the amount total stipulated in the contract which was signed. The landlord decided on monthly payments, but he may also have decided on quarterly payments as many do.
(edited 10 months ago)
Reply 6
Original post by Euapp
If the contract states a weekly or monthly rent , then it is. But if the contract states a global sum divided into 12 payments for a rental period of y weeks the fact that you decide that it makes x/ week or a monthly rent off is not relevant. What is relevant is the amount total stipulated in the contract which was signed. The landlord decided on monthly payments, but he may also have decided on quarterly payments as many do.


I see. Yes, it's stated as monthly. Thank you for your help
Reply 7
Original post by Isobel2000
I see. Yes, it's stated as monthly. Thank you for your help

So if I’ve understood correctly the contract stated that there would be a monthly rental of £2600 to be paid in 12 instalments for a contract running between x an y dates? Or did it state a global value for the year divided into 12 equal instalments to be paid monthly.
If it’s the former then you may have a case if, and only if the contract is for 51 weeks and it’s not just that the occupants have decided to leave after this period. However, this “anomaly” should have been addressed before signing the contract and any positive outcome now really depends on the good will of the landlord. If it’s the latter then there’s not a lot you can do.
I would be inclined to say that it’s an expensive lesson learnt and keep the landlord on your side if they are still holding onto a deposit. But that is up to you to evaluate.
(edited 10 months ago)

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