Moving out of rental property

carole1705

My daughter and 2 friends rented a house together. One friend has decided to move out and find a place for her and her boyfriend to rent. My daughter had therefore decided to get on the property ladder and buy a house. So they have told the letting Agents that they will be moving out on 20 Feb (they pay their rent on 20th each month). The LA has said to put it in writing, which they are going to do this weekend. But the LA say they have to pay their rent as normal on the 20th Jan and also the 20th Feb. I always thought that rent was paid in advance. I think they should pay their rent on 20th Jan and no more rent is payable as long as they move out of the property by the 20th Feb. Does anyone know what is the normal procedure???? Also when does the property get inspected so the girls can get their bond money back.

ps The girls cant remember what they paid out when they moved into the house in Feb 2008. They paid cash in the LA office and cant find the receipts (typical).

flossy_splodge

And one of them is considering getting on the Property ladder. I shudder.:eek:

If they haven't yet learned the importance of retaining accurate records of such things as rent paid, when, and T&C of agreements Lord help us.

Perhaps they'd be better moving back to parents and taking a few lessons?;)

Without proof, they can be told ANYTHING by agents.!

zaphod_beeblebrox_2

"ps The girls cant remember what they paid out when they moved into the house in Feb 2008. They paid cash in the LA office and cant find the receipts (typical)."

Pay up, thats the end of it!

real1314

bad advice being given here.

You should check the tenancy agreement. that will state whether rent is paid in advance or not.
it would be very rare for it to be paid in arrears imho.

LoopsYorkshire

I would agree that its unusual if the rent in paid in arrears, they have to give valid notice though, are they in a fixed term - if so this is more difficult but if not they need to serve a valid notice to quit and until that expires they have a liability to ensure rent is paid until that day.

For more info re: notice periods - check out Shelters website https://www.shelter.org.uk

The landlord should have protected their deposit in a tenancy deposit scheme if they have an assured shorthold tenancy (be aware that joint tenants where rent is over £25k may exclude them from being an assured shorthold tenancy). If the deposit is protected each scheme has rules regarding return of deposit, paperwork etc. Chances are the landlord will have a reasonable period to inspect before making a decision. If the landlord hasnt protected the deposit this gives them some negotiation skills to get the full deposit back - hope this makes sense!

paintpot

Possibly, if I have interpreted your post correctly, if they are moving out on 20th this means they will have entered into another rental period. If their rent is paid on 20th then they need to be out on 19th not 20th as the rental month runs from 20th to 19th. The agent may be failing to point this out as it means an extra month's worth of rent/commission.

So, if rent was paid in advance then they should write to state that they are moving out on 19th Feb. Otherwise, the agent is technically correct that the rent due on 20th Feb is payable.

carole1705

Thanks for all your replies, I have found their shorthold tenancy agreement which ran for 6 months. So I presume they are well within their rights to give a months notice as they have been renting over 10 months now. You were right real 1314 it states on the agreement that the £650 rent was payable monthly and payable the 1st day of commencement of tenancy, ( in simple terms rent is in advance). I will type up a letter for them to send to the LA and state the girls will move out of the property on or before 19th February (thanks for advice paintpot) and the last rent payment of £650 will be paid on 20 Jan 09 as normal.

Carole

paintpot

Send the letter registered post and keep the receipt as then they can't say they didn't receive it.

If your daughter had a 6 month fixed term tenancy it is now a statutory periodic tenancy and thus one month's notice is required to end at the end of a rental period. i.e what I already stated. Therefore notice to this effect served in writing cannot be argued by the agent if they leave on or before 19th Feb and pay their rent as usual on 20th Jan.

carole1705

I have now composed the 'notice' letter stating that the property will be vacated on or b4 19 Feb. Also as the rent is paid on an 'in advance' basis the last rent payment is due on 20 jan. I have also mentioned the tenancy deposit and have requested repayment within 10 days of the ending of the tenancy as per the tenancy agreement. I closed the letter stating that if they disagreed with anything contained in the letter they have 7 days to bring it to the girls attention. Hope this covers all that is supposed to be in the letter.