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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32980
Experience:  Over 25 years experience in law
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I am a landlord and rent out a second property in Edinburgh.

Resolved Question:

I am a landlord and rent out a second property in Edinburgh. The tenancy agreement was a short assured and the original fixed term period for tenants was from 28th February to 28th August.
They paid me on the 26th of the month as stated in agreement.
After the fixed period the agreement went on a month to month term. The gave their 1 month's notice on the 26th August and vacated on the 27th of September. Can I get you to clarify, once it goes to a month to month if they technically could have stayed till 28th or because they paid on the 26th of the month should they have technically departed on the 25/26th
Thank you just that I have had conflicting answers to this with colleagues who are tenants and other property managers
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
Technically it would continue to run on the basis of the original agreement - thus if the original agreement was run from 28-28 but they technically for whatever reason paid on the 26th - then the leaving date would be the 28th. However is the contract was 26 to 26 then they should have left on 25/26.I hope this helps. Please rate positive.
Customer: replied 1 year ago.
Many Thanks,
They paid on 26th because before any tenancy agreement starts funds should be paid and cleared in this case BACS it was also right after one of the tenants pay days so suited. It was actually two colleagues who both are tenants and are renting in Edinburgh who said they thought they should have been out on the 25th got me wondering about that? Thanks for the clarification the clause in my tenancy agreement doesn't actually state that it runs on the same terms but this I am presuming would be inherent then?
Regards
Customer: replied 1 year ago.
Also I should add they were coming up from the Manchester area on the 28th as couldn't start tenancy sooner due to 'his' work commitments and paid by BACS
Expert:  Thomas Judge replied 1 year ago.
Yes that is correct. I see - I hope this makes sense. Please rate positive
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