Ending a tenancy mid-month - normal rules ?

Kev64

Our current tenancy is a rolling month to month one - from the 16th of each month, when the rent is taken. I have asked our letting agent what happens if we wish to move out on any other date - i.e. an 'incomplete month'. They said they prefer tenants to move on the rental date, to keep things in whole months, but if we wished to move midway though the rental month, then they would 'normally' take a full month's rent on the rent due date as usual, and then refund any unused portion of that month afterwards.

Whilst the agent is a big, respectable company, I am not so happy with this plan.

What is the norm here ?

Thanks !

Renovatio

If you have given the required notice, you should be charged a pro rata amount for the extra days that you remained in the property after the 16th; it is fair to assume that this would be issued as a refund but make sure that you get this in writing when you give notice.

Premier_2

Kev64 wrote: »

...What is the norm here ?...

The norm is that you end the TA at the end of a rental period.

Incisor

Renovatio wrote: »

If you have given the required notice, you should be charged a pro rata amount for the extra days that you remained in the property after the 16th; it is fair to assume that this would be issued as a refund but make sure that you get this in writing when you give notice.

Don't plan on getting a refund or even a promise. It relies totally on good will if you do get it - it is not a right.

speedtwin

Legally the months notice has to fall in line with the normal rental period unless agreed otherwise (I think it comes under section 5 of the housing act)

I would ask for something in writing if they have agreed to it but you suspect they wont honor it.

Tassotti

Renovatio wrote: »

If you have given the required notice, you should be charged a pro rata amount for the extra days that you remained in the property after the 16th; it is fair to assume that this would be issued as a refund but make sure that you get this in writing when you give notice.

Please don't offer advice when it is obvious you have no idea what you are talking about.

Renovatio

Tassotti wrote: »

Please don't offer advice when it is obvious you have no idea what you are talking about.

Just because you would be unwilling to offer assistance in this situation does not mean that everyone would.....you would no doubt insist on a further full months rent!

Look on it that he is staying an extra 2 weeks on the agreement (with the LL's permission!)- not leaving two weeks early. Hopefully, his landlord is not as arrogant a c0ck as you are.

Incisor

Renovatio wrote: »

Just because you would be unwilling to offer assistance in this situation does not mean that everyone would.....you would no doubt insist on a further full months rent!

Look on it that he is staying an extra 2 weeks on the agreement (with the LL's permission!)- not leaving two weeks early. Hopefully, his landlord is not as arrogant a c0ck as you are.

While your suggestion was fair to both T and LL, unfortunately, if LL did not want to go along with it, he doesn't have to. So your suggestion would have been misleading if the OP had assumed that he had the right to have it sorted according to your suggestion. The LL does indeed have the right to a further full month's rent or to get vacant possession on the rent day after notice was given.

Kev64

Incisor wrote: »

The LL does indeed have the right to a further full month's rent or to get vacant possession on the rent day after notice was given.

So, if I am giving a full clear month's notice (02.12.08 to 02.01.09), because the tenancy is a one month periodic running from the 16th of one month to the 16th of the next, if I move out on 2.01.09, then by rights, the LL could insist I pay a full month's rent up to 16.01.09 ? Have I got that right ?

Do most people really move out on the rent day of their existing tenancy only ? Surely that must cause all sorts of problems for the landlord of the place they are moving to ?

teeni

Legally you should end your tenancy on the last day of a tenancy period which is not as you say 16th of one month to 16th of the next. if the start date of your tenancy is the 16th of the month then it ends on the 15th of the next month if you stay until the 16th you will be in effect starting another months tenancy period, and another months rent becomes due.

If you give notice on the 2nd of december then your tenancy does not end until the 15th january and your landlord is entitled to rent for that period.

He may choose to give you a refund but the point is this is his choice not your right.

Whether you think it is fair or not is not relevant it is the law and does actually mean that everyone knows what is expected and is playing by the same rules.

50plusabit

Kev
You need to look in the tenancy agreement. There are really two ways agents work.
1 you must give one full months notice. Do give the agent notice on 12th you leave on the 11th of the following month.
2 One full month notice from the tenancy date. So if your tenancy started on 16th of the month, you must give your notice before that date, i.e. You can give notice now, but you can not end the tenancy until 16th Jan (anytime before the 16th).
Its not a case of the agent "preferring" but what it says in the tenancy agreement. If it says nothing about giving notice from rental date, then you can give notice anytime, and your rent should be adjusted for the last few days.
You can do this yourself, take monthly rent x 12 :-365 x daily rent x days left. £625 x 12 = 7500 :- 365 = £20.65 daily.