Calculating final rent where tenancy ends before end of a period

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1

Hi All,

I have a question regarding legislation on the above topic. When calculating final rent where tenancy ends before end of a period, which legislation covers this? Should the final rent be calculated by pro rata for the year (where the rent is month to month in Scotland) or by a percentage of the month spent occupying the property?

Thanks,

2

I’m not fully clued up but I have always paid the full month. For example if my rent is due on 1st and I knew I would be moving I’m moving out this rent would be paid alongside my months notice because regardless of it being a month to month lease I believe one months notice is still expected so there should be no prorated payments even if I go over the one months notice by a week or anything I would expect the landlord to charge me for that month regardless as I am on a month to month contract not a week to week. Does that make sense?

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Hi Julie,

Thanks for your reply. That makes sense however if your notice period for example were 28 days and this contract is signed, if you give the notice part way through the month, you can legally leave before the end of the month and are not entitled to pay the full month (providing you give the correct notice). This is quite common in Scotland where notice is 28 days by law. I just wondered how the payment should be calculated in this situation and calculation.

4

Ah ok well I’m guessing they pay their rent every 28 days which would means you receive rent 13 times a year so I’d just do the math. 13 x the 4 weekly rent then divide the total by 365 which would give you a daily rental amount. If I’m not understanding your question and I’m completely wrong I apologise.
I’m not in Scotland but I find that a bit unfair towards landlords if they can just leave paying a prorated amount.

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its just a 28 days notice whichever day you want to leave, you must give min 28 days and only legally have to pay for those days.

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