Contract over in two days, do i have to pay a full week?

leon91

My tennancy agreement to rent the apartment i have had is over on monday.. but as i pay in advance (every friday? for some strange reason)
im not sure if i have to pay 100 tomorrow ( midnight tonight )
for 2 nights!

thing is:

i havent actually been in the apartment for a while, its empty and in original condition when i signed for the property.. so they could put a new tennant in immediatly if they wanted.

surely i shouldnt have to pay for two days when realisticaly they could end the contract today!
i have given them notice that i have a new property that i am now renovating and so no longer require the apartment hence i am not renewing the contract.

if i dont have to pay the rent it means i can go and order the materials for the upstairs bedrooms new flooring and skirting boards etc.

i have checked the agreement, nothing is said, checked the net, nothing...

so advice would be BRILLIANT.

thanks
Leon

clutton_2

when did you sign your agreement exactly and how long is the fixed period ?

leon91

Signed in november
3 month agreement.. but they insist it ends march 1st. wich i signed for in the contract, as i signed it i cant do anything about that now,but as the 1st is monday and i pay rent everyfriday in advance, it is just confusing now...
i have given LL notice etc, they havent responded , they never do, only every friday to remind me its payday, and they call every few mins, even though they have recieved the rent! really annoying!

14th november i paid 720 for the bond and 1 month in advance.
and from when that ran out everyfriday they wanted for the week in advance, which has stuck all through - but now it is due tomorrow for 90 for the next week but as its over monday this isnt fair!

i need the bond back asap too so i can carry on with my renovation work. as my funds are running low and that 400 would carry me over untill my next pay next week.

G_M

A bit confusing - can you clarify?

Your tenancy started on 14th November.
It's a 3 month contract.
So it should have ended 14th Feb.

If that is the case, you now have a monthly periodic tenancy, and as you pay rent weekly you should give 4 weeks notice ending on a pay day (ie ending on a Friday since that's when you pay your rent).

However, if my dates are wrong and the 3 month fixed term really does end on Monday 1st March, then
a) no notice is needed - you can simply move out on Monday and
b) you should only pay rent up till Monday ie divide your weekly rent (£90?) by 7 to get a daily rate (= £12.85) & multiply by 4 (fri/Sat/Sun/Mon)(= £51.42)

So you pay £51.42 on Friday (hope my maths is right - someone will correct me!)

Re the bond:
1) clean the place well & check nothing broken
2) take photos in case of arguments
3) ask the LL to do a check out inspection

Questions:
a) Was there an inventory signed when you moved in? If not, LL can't prove the condition now is worse than then
b) is the deposit lodged with a recognised deposit scheme?

leon91

Well we thought it was a 3 month term but accroding to the signed contract, it ends on the 1st of March. I have given the landlords a week notice which was last friday but they didn't respond and they havn't been in touch since and I have tried contacting them all week but to no avail. I was planning on doing what you said and pay 4 days worth of rent which ultimately means that everyday of the signed tennancy duration is paid for. I have cleaned the flat to an immaculate standard and can return there to take photos as I havn't so far.


IN REPLY TO YOUR QUESTIONS:

1. Yes, there was an inventory signed.
2. No, I met with the landlords at a location close to their new residence and paid the deposit and month in advance totalling 720 pounds and we printed out a receipt and requested they sign the receipt aknowledging we paid the bond and month in advance in cash in full on that date - which they signed and we have in our possession. So no we didn't use a secure deposit scheme.
Is there anything else I need to clarify to help you with your advice?
hope that makes it a little clearer! getting worried that they will try keep the bond! i need that back though!
they are 1st time LL and tbh dont seem to have a clue. as the harrasement we have every friday is unreal!
demanding a direct debit as they dont trust me! ( i have NEVER been late paying not once ! )
they say that the contract stated a direct debit needed to be in place,,, no such clause in any contract of ours so thats cr*p!
also they have never given me a front door key, only rear which when it snowed caused me to slip on ice and hurt my back, luckily my grandmother was waiting at the front door for me to open it from inside (yale lock type thing )

( i would have taken them to court if it was her who had slipped as she is pretty frail ) as it would ultimatly be there problem as they said they would send out a locksmith with new keys etc .. never did.

they just seem very arrogant people who couln't care less aslong as they had 100 quid a week going to them.

Thank you very much in advance
Leon

G_M

precise wording, start date, end date on the agreement would help, but I'll assume it ends on 1st March.

1) You gave a weeks notice. That's fine. In fact you didn't need give ANY notice, you can just leave on the final day of the fixed term.
2) it's not YOU that needs to use the deposit scheme it is the LANDLORD. He has broken the law by not a) depositing your deposit in an authorised scheme (see here) and b) by not telling you which scheme within 14 days of the tenancy starting. He can be forced to pay you 3 times the value of the deposit.

As for historic stuff (lack of key etc) well that is historic. No longer relevant.

I'm sure when the LL gets reduced rent on Friday he'll soon wake up to the fact you're leaving! Just explain it's 4 days rent and ask for your deposit back on Monday. Any issues with the deposit, point out he's broken the law by not protecting it in a scheme.

leon91

G_M wrote: »

precise wording, start date, end date on the agreement would help, but I'll assume it ends on 1st March.

1) You gave a weeks notice. That's fine. In fact you didn't need give ANY notice, you can just leave on the final day of the fixed term.
2) it's not YOU that needs to use the deposit scheme it is the LANDLORD. He has broken the law by not a) depositing your deposit in an authorised scheme

** CANT POST LINK AS I AM A NEW USER **

and b) by not telling you which scheme within 14 days of the tenancy starting. He can be forced to pay you 3 times the value of the deposit.

As for historic stuff (lack of key etc) well that is historic. No longer relevant.

I'm sure when the LL gets reduced rent on Friday he'll soon wake up to the fact you're leaving! Just explain it's 4 days rent and ask for your deposit back on Monday. Any issues with the deposit, point out he's broken the law by not protecting it in a scheme.

Thank you very much. Your advice has been worth its weight in gold. I'll dig out my tennancy agreement now and type the exact information, word for word of what your require.
Thank you again
Leon

chappers

If the fixed term of your tenancy does end on march 1st then you can leave then without notice.
If you pay weekly in advance on a Friday then you should pay 4 days rent.

I refer you to the catch phrase of that annoying little meerkat

N79

G_M wrote: »

A bit confusing - can you clarify?

Your tenancy started on 14th November.
It's a 3 month contract.
So it should have ended 14th Feb.

If that is the case, you now have a monthly periodic tenancy, and as you pay rent weekly you should give 4 weeks notice ending on a pay day (ie ending on a Friday since that's when you pay your rent).

However, if my dates are wrong and the 3 month fixed term really does end on Monday 1st March, then
a) no notice is needed - you can simply move out on Monday and
b) you should only pay rent up till Monday ie divide your weekly rent (£90?) by 7 to get a daily rate (= £12.85) & multiply by 4 (fri/Sat/Sun/Mon)(= £51.42)

So you pay £51.42 on Friday (hope my maths is right - someone will correct me!)

Re the bond:
1) clean the place well & check nothing broken
2) take photos in case of arguments
3) ask the LL to do a check out inspection

Questions:
a) Was there an inventory signed when you moved in? If not, LL can't prove the condition now is worse than then
b) is the deposit lodged with a recognised deposit scheme?

All true except the part in bold. In fact a weekly periodic tenancy would arise as the tenancy period is carried over from the previous tenancy. (See S5 of the 1988 housing act )

leon91

I have been to the property and have found....

They have moved new tenants in without even ending my contract!!

Found the signed contract in the kitchen along with other forms

singed yesterday!?!??!?

They have changed there numbers and i can not get holdof them!?

The new tenants wernt there but there property was..



What can i do?!?!?!?

They owe me my bond back!
They didnt protect it|
they have started a new contract before mine even ends!
They have changed numbers and dissapeard!

What can i do?!?!

Please please help. Sorry for capitals i am raging!!
I feel sick with anger!

G_M

I don't blame you for raging! It IS outrageous! I'm tempted to tell you to throw the new tenants belongs out and change the locks... but that is not constructive.

1) Do you have personal belongings in the flat?
2) Do you have a key and it works?
3) Do you NEED the flat?

I'm guessing the answers are No, Yes, and No.

If that is the case, the only issue really is your deposit.

Do you have address for the LL? Or is there an address on the contract you saw in the kitchen? By law the LL has to have given you (and the new tenants!) an address. If this ends up as legal action you will need an address for him.

Since the phone doesn't work, try going to the LL's address if it is local a) to see if it's valid and b) to ask for your deposit. Take a witness with you for moral support. Be polite. If he refuses, don't get angry, just walk away. The next step is the courts but if you can resolve it quickly/amicably, much better.

If no address, or he's 'moved away', try the new tenants. They are probobly innocent victims like you who have no idea a) that you still have a tenancy there or b) what the LL is like.
So a) see if they have a new telephone number or other contact details and
b) warn them (diplomatically) of the risks (deposit, access, etc)

Take your contract to show them it expires 1st March!

They might be quite grateful/helpful!

Good luck and let us know.