Trying to find a mechanism for the first two days rent?

Trying to find a mechanism for the first two days rent?

8:50 AM, 17th September 2019, About 5 years ago 27

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I have a well funded ME student arriving on the 27th September and wants occupancy ON the 30th. He receives his funding on the last day of each month which might be the 31st.

He wants to pay the rent regularly on the 1st, if the rent is payable the day before each monthly date that gives an AST due date of the 2nd.

He will be paying the first month in advance, but I am trying to find a mechanism for the first two days, I was going to just raise a second AST which gives him the statutory right of occupation for six months, but that’s irrelevant as the main AST is for 12, the RLA didn’t like that, but not for any clear reason other than “causing problems”.

I can’t see that the first month’s rent can be increased even if the period is longer by two days under the Tenant Fee Ban rules, or can it?

Many thanks

David


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Comments

Luke P

9:51 AM, 20th September 2019, About 5 years ago

Reply to the comment left by Michael Barnes at 17/09/2019 - 16:19
Since October 2015 the tenant is entitled to a proportionate repayment of rent paid (i.e. the return of any 'unused' rent) in the circumstances set out S.40 of the Deregulation Act...

After section 21B of the Housing Act 1988 insert—

“21C Repayment of rent where tenancy ends before end of a period
(1) A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—
(a) as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,
(b) the tenant has paid rent in advance for that period, and
(c) the tenant was not in occupation of the dwelling-house for one or more whole days of that period.

(2)The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula: R x D/P where—

R is the rent paid for the final period;
D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and
P is the number of whole days in that period.

(3) If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled.

(4) Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.

Mark W

11:45 AM, 21st September 2019, About 5 years ago

I cope with international MBA students (extremely well funded) by taking the first three months rent in advance. Sounds like you need to prepare the AST yourself, rather than using an uncreative agent.

RONNIE ADERIANWALLA

12:27 PM, 21st September 2019, About 5 years ago

Students generally move out before the end of term. Once their exams are done they are gone. It takes them a while to clean and surrender the house. Try and manage the later aspect.

Michael Barnes

0:36 AM, 22nd September 2019, About 5 years ago

Reply to the comment left by Luke P at 20/09/2019 - 09:51
The refund of rent applies only to S21 notices, not to tenant NTQ.

Michael Barnes

0:37 AM, 22nd September 2019, About 5 years ago

Reply to the comment left by Kate Mellor at 20/09/2019 - 09:07
Thank you for educating me.

Mark W

12:53 PM, 22nd September 2019, About 5 years ago

Reply to the comment left by RONNIE ADERIANWALLA at 21/09/2019 - 12:27
I do not understand your problem, as I collect rent 3 month's in advance so the end period rent has been paid well in advance. Deposit of 5 weeks covers a deep clean. Maybe Oxford has wealthier students than most areas.

Mark W

13:05 PM, 22nd September 2019, About 5 years ago

Reply to the comment left by Kate Mellor at 20/09/2019 - 09:07
Thank you for this basic info. I imagined that all LLs would know this!

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