End of tenancy - Help Required

JaRocks28

Hi all,

Forgive me if this is in the wrong section.
However, I am currently within the 6th month of my tenancy agreement (as it was only a 6 month contract, and then a roll on contract every month). I have given my landlord a month and a bits notice that I wouldnt be living in the property as of the 30th November (the date the tenancy agreement expires). I wrote my landlord a letter also saying that my final payment would be on the 1st November (and as I pay in advance, this takes me up until the 30th November). My landlord said this was ok, I have found a new property and currently in the process of moving between the two, and was planning on doing this until my current flat is empty.
I had a phone call from my landlord today saying that my current property has already been let to someone else and has advised the estate agents they can move in on the 5th (Tomorrow). I then asked why he had done this, and that the earliest I could move out would be this weekend which is still a struggle as its such short notice. Basically, the way it works I have paid for a full month in this property and effectivley will only have 1 week in this property. So he has gained around £333 out of me. Is this right? Can he do this? and would I be entitled to ask for a partial refund on the rent I have paid as It wasnt my choice he wanted me out by the weekend. It was his error, and didnt read the letter I had wrote him.

Your advice is appriciated. Thanks.

DVardysShadow

Insist on having the place until 30th, but ask how much he will refund for leaving earlier. Don't bust a gut to leave earlier than you want to - and if nothing is forthcoming, keep it to the 30th. Your AST has precedence, there should not even have been any viewings unless you agreed.

JaRocks28

DVardysShadow wrote: »

Insist on having the place until 30th, but ask how much he will refund for leaving earlier. Don't bust a gut to leave earlier than you want to - and if nothing is forthcoming, keep it to the 30th. Your AST has precedence, there should not even have been any viewings unless you agreed.

I did agree for him to have viewings of the property so he could find another tennant. But did not agree for them to move in tommorow! Might have a word with the letting agents as I went with the same company the new tennant has.

Jowo_2

You are the tenant until such time you move out and hand over the keys. You are entitled to exclusive occupation of the property in that time and peaceful enjoyment of it. Your contract entitles you to the property for the remainder of the fixed term. Your non-occupation of it is irrelevant.

Perhaps the landlord misunderstood your degree of flexibility about moving out earlier and intends to refund you for any overpayment or perhaps he's an idiot.

A landlord cannot get two rents at the same time for the same property from an outgoing and incoming tenant anyhow.

In the event that you aren't ready or prepared to move out and the landlord shows no inclination to refund you the unused proportion of the rent, change the locks and change them back on the last day of the rental period.

Basically, move out when you want in this remaining period and if the landlord wishes to move a tenant in earlier with your consent, insist on a refund of rent for giving up the property earlier than you need to.

JaRocks28

Jowo wrote: »

You are the tenant until such time you move out and hand over the keys. You are entitled to exclusive occupation of the property in that time and peaceful enjoyment of it. Your contract entitles you to the property for the remainder of the fixed term. Your non-occupation of it is irrelevant.

Perhaps the landlord misunderstood your degree of flexibility about moving out earlier and intends to refund you for any overpayment or perhaps he's an idiot.

A landlord cannot get two rents at the same time for the same property from an outgoing and incoming tenant anyhow.

In the event that you aren't ready or prepared to move out and the landlord shows no inclination to refund you the unused proportion of the rent, change the locks and change them back on the last day of the rental period.

Basically, move out when you want in this remaining period and if the landlord wishes to move a tenant in earlier with your consent, insist on a refund of rent for giving up the property earlier than you need to.

Thank you. I am kind of worried about asking for a refund of a partial amount of the rent. I think he got confused, as i said I was getting the keys to the new property on the 2nd November - not that i would be moving out instantly. Well, my letter didnt state that. I think he is just a idiot as you say.

Jowo_2

Don't hand over the keys early to let the new tenant in until you have written confirmation that the landlord will refund the overpaid rent.

Normally, when tenants ask to surrender their tenancy early, a landlord who consents to releasing them from a fixed term agreement, will make it the tenants responsibility to pay rent until a new tenant is found but will always seek to mitigate the void period and get a new tenant in.

I just wonder whether there's been a simple miscommunication and your landlord thinks you are bailing out early, perhaps he intended to give you a refund and hasn't communicated this back.

Make clear to the agent that you've paid up until the end of November and expect that if the landlord wishes you to hand over the keys before this date, you demand a pro rata refund for letting his new tenant move in earlier than you need have let them.

If there is any resistance to this, an expectation that the landlord can collect two lots of rent for November, simply tell them that you plan to collect your belongings from the property over the course of November while you make your new property more habitable and will drop the keys off at the end of the month, as per your notice period and payment.

Jowo_2

As a minor note, some ASTs demand that a tenant does not leave the property unoccupied for x period and to notify the agent/landlord. As you've got onward accommodation, a breach of this minor clause (if it is present) isn't going to have any impact on you.