11:01 AM, 4th March 2019, About 3 years ago 7
Hi everyone. I would like to seek advice on final rent as terminated by my tenants.
Original AST signed through agent (introduction service) on 27/10/15 for 12 months. An amendment was signed directly with tenants on 27/10/17 with rent increased, other clauses remain. New deposit certificate issued although deposit amount unchanged. After 27/10/18 the contract became periodic. The relationship was excellent until now.
The original terms say tenants can terminate the contract with minimum a month notice after 4 months, and notice period ends on the last day of a period. There’s only rent apportionment mentioned in event of fire.
The tenants noticed me on 8/2 that they are moving out on 9/3 and I accepted it. I got new tenants from 10/3 with increased rent. When rent payment date came on 27/2, tenants paid me monthly rent*12 months/365 days*11 days for the final rent. I drew their attention to both clauses of min one month notice and notice expiry at the end of tenancy period, but they said now it’s periodic and so one month notice only according to common law.
Who’s correct in final month rent? If I am, what is best way to resolve this?
Many thanks for your advice.
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