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Do you charge a tenant for the day they move out of the property?

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  • Do you charge a tenant for the day they move out of the property?

    In the past I have erred in not charging the tenant for the day they moved out of the property. For example tenant agrees to move out today 25th March 2017 then usually I only charged them up to the 24th March as they were normally vacated by 12 noon the following day. In a recent TT situation I was advised I could have charged them for the last day .
    I have revised my practice since then.
    What does anyone else do?

  • #2
    Their termination date (as in your example) is the 25th of March. I charge for the full day up to midnight as they have the right to be there. If they had no right to be there, they don't pay.

    As a follow up. We never do exit inspections until after the tenancy is finished.

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    • #3
      I am wondering if I have this information correct. As, if one checks into a motel after 2 pm then checks out the next day before noon they are charged just the 1 night.

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      • #4
        Originally posted by Keys View Post
        Their termination date (as in your example) is the 25th of March. I charge for the full day up to midnight as they have the right to be there. If they had no right to be there, they don't pay.

        As a follow up. We never do exit inspections until after the tenancy is finished.
        Well I never allocated a time for them to be out but usually 12 noon is considered normal. I went to do an inspection this afternoon around 1.30pm after he told me his room is ready for inspection ,this is just a room being rented not a whole house. The room was fine. Maybe I'm being a little harsh - though he has being a pita ?

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        • #5
          A long time ago I used to tell tenants to be out by 11 am and get the new tenants in at 12 noon. (providing the place was looking good).
          I did make a suggestion to the review of the 2010 RTA review that they look at charging for a half day. No one liked the idea.
          As my practices / staff ramped up I gave up that practice. The RTA is clear about it. A day goes from midnight to midnight the same as a natural day. So tenants can move out when ever they like over a day but must pay for a part day. Like if they are all ready cleaned up but want to sleep on the floor for the last night and catch the plane home that morning they still pay for another day's rent.
          Oh yes another thought. The tribunal used to nominate an exact time of the day to be out. They will not do that now for evictions and so often the tenants being evicted will move out the next morning. I have had more than one argument with the adjudicators that this means I am owed another day's rent. As usual the law is ignored when I quote it to the adjudicators.
          Last edited by Glenn; 25-03-2017, 08:16 PM.

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          • #6
            What is forumites' practice for the first day?

            Candidly, I've always thought that the midnight edict was stupid, in a tenancy situation. I think that noon-to-noon would be more practical than midnight-to-midnight.

            That might work better than a half day charge idea, Glenn.

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            • #7
              Originally posted by Perry View Post
              What is forumites' practice for the first day?

              Candidly, I've always thought that the midnight edict was stupid, in a tenancy situation. I think that noon-to-noon would be more practical than midnight-to-midnight.

              That might work better than a half day charge idea, Glenn.
              Yes you are right. Interestingly the issue becomes serious on sale of a property and the lawyers versus property managers do not agree which owner (tenant remaining in tenancy) gets that days money.
              Settlements are done at a specified time.
              I think the issue of natural days comes from the "superior" law being the Property Law Act.
              Despite the horrors of the Osaki case the PLA sort of hangs around the workings of the RTA in rather subtle ways.
              I think this is because the lawyers and judges are far more familiar with that law and so automatically think along the lines of the PLA rather than the RTA.

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