Tenancy dates …..

I always add a day on so you don't fall foul of the Shelter/Cits Advice people who argue that 6 months to the day isn't a full 6 months. So I'd say end date is 1st March.

I'd state End date as 'After' 28th Feb 2015. I have used the word 'After' then the date of the last day of the 6 month period, on Section 21 Notice and this went through ok in court.

So if a 6 months contract starts on 29th August 2014 it ends After' 28th Feb 2015. (Since only 28 days in February 2015).

Similarly if a 6 months AST begins on 1st March 2015 it ends After 31st August 2015.
I.e the tenant can occupy up to and including 31st August 2015.

It may be good practise to state a time for keys to be returned on the the 1st Sept 2015 by say 12.00 noon, and then have your property ready and available for the next tenant at any time thereafter, say check-in at 3.00pm for the next tenant on 1st Sept 2015.

Reply to the comment left by "Koysar Ali" at "30/08/2014 - 19:59":

You should not confuse the requirements of s.21 (especially s.21(4)(a)) regarding notices' dates with standard calendar calculations regarding a time period.
'After' is uses on s.21(4)(a) notices because the statute says that it must be.

A 6-month tenancy starting on the 29th August ends _on_ the 28th February (that day is the last day of the tenancy and already means that the tenant can occupy the property for the whole of the 28th Feb. is they so wish). [It actually does not matter that February is 'special' as all 12 months have at least 28 days]

There is no need to state an end date on the tenancy agreement: The start date and the duration are enough and perhaps help prevent errors and confusion.

In fact if e.g. the agreement states "6 months starting on the 29th August and ending on the 1st March" I think a court would likely still rule that the last day was the 28th Feb. and that "1st March" was just an error. However there is no need to add sources of uncertainty and confusion as you never know how they will end up being interpreted.

Reply to the comment left by "Koysar Ali" at "30/08/2014 - 19:59":

I'm not at all keen on the word after. If somebody said they were going to pay you some money after the end of this month would you really expect to receive it on the first of next month? If you didn't, what do you think you could do about it, legally?
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Reply to the comment left by "Romain " at "30/08/2014 - 20:24":

I live in Scotland so it might be different here but the initial period for a Scottish Short Assured Tenancy is for 'at least' or 'not less than' six months. Writing it from 29th August to 28th Feb is dangerous as it can be challenged that the tenants cannot possibly enjoy their tenancy for a full 6 months, especially if you tell them you want the keys back at a certain time on the last day. Far safer to write it to 1st March. I can't see there is any reason not to do this.

I think the problem here is the hang up over 6 months. A tenancy can be any period over six months but best to keep it below 12 months to avoid falling foul of mortgage conditions.

For example, I have a tenant moving out on 24th Sept. new tenant wanted to move in on 27th September. I negotiated 3 rent free days at the start of the tenancy so the initial term will be 6 months and three days. This will enable me to switch council tax and utility bills from old to new tenant on the same day, thus removing admin for me. New tenants love it as they have extra time to get moved in 🙂
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Reply to the comment left by "Roberta Goodall" at "30/08/2014 - 22:33":

Well 29th August to, and including, 28th February is exactly 6 months, so "at least 6 months"... I can't see the argument unless indeed you also state that you want the keys back by a certain time on the last day.

Of course one can state that the tenancy is from 29th August to, and including, 1st March but then that's 6 months and 1 day. Therefore you get the issues of rent calculation and payment and of the following periodic tenancy dates (if in England or Wales).

The key is to be clear, and not to write both as hinted in my previous post.

If tenancy starts 29th ot the month, then each monthly period ends at the end of the 28th of the month, so no problem.

The problem arises if tenancy starts 30th or 31 August (or possibly any month):
a) What is the rent due date in a month without 30th or 31st (assuming rent is due on the monthly anniversary of the start of the tenency) (this also applies to February for a tenancy starting 29th)?
b) What is the last day of the tenancy if, say, it was six months starting in August?

Reply to the comment left by "Michael Barnes" at "30/08/2014 - 23:48":

Indeed.

I think the only issue would probably be (a) and could be dealt with through appropriate wording of the tenancy agreement.

(b) should not be an issue: As Mark said earlier the last day would still be the 28th February.

As I previously stated, by inserting "CALENDAR" before month, problem will not arise. With regard to rent payment date, if first payment is due on, say, 31st of August, then AST should state that subsequent payments are to be made on or before 31st of each calendar month. Whilst this terminology might be technically incorrect (as each month does not necessarily have 31 days) it is both fair and wholly unambiguous.