It depends how nice you want to be. The legal position is that if he stays beyond the end of the fixed term, a periodic tenancy will arise and he is obliged to serve notice to end it. The notice has to be a minimum of one month expiring at the end of a tenancy period. In your case, the earliest he can serve the notice legally is 16 January to end the tenancy on 14 March. Rent would be due in full.
Rent is due in whole periods and unless you are serving a s21 notice, there is no requirement on a landlord to calculate on a daily basis as the full month would be due.
This has only happened to me twice and on both occasions I have ignored the fact that they are bound by a tenancy and just calculated the daily rate and charged them that. This was because they were good tenants, there was no damage and they didn’t owe me any rent. Up to you how you play it.
This is a charter to let tenants mess you about, anyway if it goes to adjudication they will rule to only charge the days they stayed over andnot the whole month, this cost me 6 weeks void period,lost around £1,000 twating goverment.
This is how you would need to calculate holding and security deposits so I would suggest it is safe to assume that a court would accept it as a method for calculating daily rent for the purposes of rebate.
Do look at the guide I linked to, because the Housing Act spells out how rent must be calculated in the scenario George is describing. The Tenant Fees Act sets out a different calculation for weekly rent, which David summarises above.
But for George’s situation, the Housing Act formula must be used, not the TFA formula.
Hi Sam. Do you mean the method of calculation set out in S21c of the Housing Act 1988? I had forgotten about that section, which is a relatively recent and controversial addition. You are right that it shows a different method of calculating the daily rent, however, its application is only legally required in situations where the landlord has served a s21 notice on the tenant, and there is even some doubt about whether it is enforceable in these situations. However, I agree that its an alternative and valid way of calculating the refund.