Hi all,
We recently completed purchase of an apartment in Southbank as our first home. The property was subject to a lease so we cannot move in until next year. The rental month on the lease starts on the 20th of each month. Since we reached settlement on 23/11, we were entitled to a portion of the rent during the rental month from 20/11 until 19/12.
Based on our calculations, the amount we should receive is based on the following:
- Rental month 20/11 to 19/12 = 30 days
- Owner A (previous owner) owned the property from 20/11 to 23/11 during this period = 4 days
- Owner B (us) owns the property from 24/11 to 19/12 during this period = 26 days
- Rent = $550/wk = $2,390/month
- Owner A therefore should receive: (4/30*$2390) = $318.67
- Owner B should receive: (26/30*2390) = $2,071.33
However, the property management agent used a different calculation. He used the daily rental rate to calculate Owner B's portion, then apportioned the remainder to Owner A as follows:
- Daily rental rate = $550/7 = $78.57
- Owner B receives: 26 * $78.57 = $2,042.82
- Owner A receives: $2,390 - $2.042.82 = $347.18
Using the agent's calculation method, Owner A gets more than what he/she is entitled to while Owner B gets less.
After an email exchange with the agent that is now approaching 20 correspondences, the agent is still convinced that my calculation is wrong and that his is correct. I even used a hypothetical situation where had the settlement date fallen in the middle of the rental month (i.e. Owner A and B both owns the property for 15 days), his method of calculation would result in one owner receiving more than the other. However, he chose to ignore my hypothetical situation in his response and kept repeating his own calculation. I also showed him how, had the rental month have 31 days, one owner would actually receive less rent than he/she is entitled to. Once again, he ignored this in his response.
I would really appreciate help from the OzB community in analysing this situation. Are we correct or is the agent's calculation considered acceptable in the industry?
Just looking at it, I'd go with the agent's calculation. Owner A didn't stay the whole week so just go by the daily amount.