Do I need to pro-rata final month's rent if tenant is leaving mid-month?

Landlord Discussion Legal
1

Hi,
Please help as this is my first tenant. Contract is with Open Rent and the 4 month break clause was 13 02 24.

I’ve been lucky, and got a LOVELY tenant who gave written notice last year on 14 DEC 23 that due to a change of employer she needs to move, and last day at my flat is 02 03 24.

Monthly rent is paid 13th of each month - so 13 02 24 would be for the next month up to 12 March 24.

So I don’t think there are any issues - notice was given well in advance of 4 month break clause. She’s leaving 2 weeks after the break clause date…02 03 24.

Legally however, should she pay me in full for 13 02 24 to 12 03 24 - as ethically that feels mean? Or does it depend on if I have rented the property to start 04 03 24 so really there is no break in my income.

She has been a lovely tenant - often paying rent in advance and effective communication throughout.
Advice welcomed!

thanks in advance,
Michelle

2

do not be mean .go pro rata

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3

Legally it depends what your contract says about notice eg 1 months notice vs 1 months notice on a rent day. Given the length of notice she has given I would go with pro rata.

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4

Her notice may be invalid as unless the contract says otherwise, a tenants notice has to expire on the last day of a tenancy period, (which I assume in your case is 12th of the month). However, if you accepted the notice, then that likely makes it valid, so in that case you would have to apportion the rent.