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Does the tenant pay a day's rent for the inventory report?

Hi and thanks for reading.

I moved into a property on 3rd March 2010. (I am assuming that a year's rent takes me to Wednesday 2nd March 2011)

I needed some extra time at the end of my tenancy so arranged with the LA that my last day renting the property would be Sunday 6th March 2011.

The checking out clerk was arranged at 10:00 on Monday 7th March.

The LA/ LL are now trying to charge me for five days' rent. Surely it should only be four?

3rd, 4th, 5th and 6th (the last day) = four days

Do they have a right to charge me for the fifth day? When I asked them to make the Sunday my last day they didn't tell me I would be charged an extra day, but they did say the inventory report would be on Monday as the clerk does not work on Sundays.

Any input would be greatly appreciated.
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Comments

  • silvercar
    silvercar Posts: 49,186 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Theoretically if you stay one day past the end of the fixed term you are required to give a months notice to end at the end of a rent period. So not vacating and returning keys on 2 March 2011 would mean that the LL/LA could expect you to rent to 2 April 2011.
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  • chewmylegoff
    chewmylegoff Posts: 11,466 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 8 May 2011 at 1:03AM
    Yes but in this case an extension (i.e. An amendment to the contract) has been agreed.

    I think all you can really do is write to them and say we agreed that the tenancy would end on 6th. But it does sound like you didn't give possession back until morning of 7th.
  • dizziblonde
    dizziblonde Posts: 4,276 Forumite
    1,000 Posts Combo Breaker
    We didn't get charged for it - our tenancy ran out on a Friday (I believe) in accordance with our rental month, checkout was arranged for the Monday so we asked them what they wanted us to do with the keys in the interim, return them to the office or hang onto them till the Monday... they just told us to hang onto them until checkout. In a way I guess it helped them since we were moving just down the street and they knew we'd keep an eye on the hosue for frozen pipes and the like during the cold snap I guess but I'd have hit the roof if they'd tried to charge us for an extension to fit in with their own available checkout slots.
    Little miracle born April 2012, 33 weeks gestation and a little toughie!
  • prudryden
    prudryden Posts: 2,075 Forumite
    edited 8 May 2011 at 12:05PM
    The original checkout should have been done on the 2nd March. You asked for the extension until Sunday the 6th March. However, the checkout can't be done on that day, so they are doing it at the earliest time which is the Monday. You are expected (not required) to attend the checkout and hand over the keys at that time and discuss any potential problems at that time. Therefore, you should be charged for the extra day. Generally, the tenant pays for the checkout inventory and the LL pays for the checkin.
    FREEDOM IS NOT FREE
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Quibbling about a day's rent when the landlord was fully entitled to charge for a full month is unbelievably petty.
  • Selim
    Selim Posts: 24 Forumite
    Thanks for your replies.

    We agreed an extension, and the landlord had either not found anyone to rent the property or had already arranged for someone else to move in (I forget which), so he had less downtime on the turnaround between tenants. Either way he was financially better off not worse off as a result of the extension which he agreed to.

    I asked the LA if moving out on Sunday was okay and they said sure, no problem. I asked them if they wanted the key on the Sunday and they said "don't worry just give it to the clerk on the Monday morning". They at no time stated I would be charged for the Monday.

    And I am indeed arguing over a day's rent. The landlord was not fully entitled to charge for a full month, because it was something we both agreed to. It's not like I changed the locks on him for 3 days and went on hunger strike. If he had not agreed, I would not have stayed the extra time; indeed he benefited. Furthermore, my tenancy was fraught with problems and the landlord was generally extremely unhelpful, and now he is trying to cheat me out of a day's rent, so why not argue it?

    Maybe you should comprehend the situation before making your unhelpful observations.
  • westv
    westv Posts: 6,409 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Selim wrote: »
    Thanks for your replies.

    I asked the LA if moving out on Sunday was okay and they said sure, no problem. I asked them if they wanted the key on the Sunday and they said "don't worry just give it to the clerk on the Monday morning". They at no time stated I would be charged for the Monday.

    Sounds like the LA either assumed you'd know you'd be charged for the Monday, forgot to mention it or (less likely) hoped you wouldn't know.

    Just as a matter of interest, can tenancies legally end on a weekend? Presumably they can but I'm still curious to know even if it is a stupid question! :o
  • prudryden
    prudryden Posts: 2,075 Forumite
    Since you still have to go through the checkout inventory/condition report, perhaps, "discretion is the better part of valour". I'm sure that you will act with discernment and wisdom.
    FREEDOM IS NOT FREE
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Selim wrote: »
    And I am indeed arguing over a day's rent. The landlord was not fully entitled to charge for a full month, because it was something we both agreed to. It's not like I changed the locks on him for 3 days and went on hunger strike. If he had not agreed, I would not have stayed the extra time; indeed he benefited. Furthermore, my tenancy was fraught with problems and the landlord was generally extremely unhelpful, and now he is trying to cheat me out of a day's rent, so why not argue it?

    Maybe you should comprehend the situation before making your unhelpful observations.

    Oh, I do fully comprehend the situation: as I said, the landlord was fully entitled to charge you another month's rent in full. As a favour to you they did not and that makes you very lucky indeed. I reiterate: to quibble about one day's rent is incredibly petty.

    I sincerely hope that you don't behave in the same way in other areas of your life because if you do I pity anyone who has to deal with you.
  • Selim
    Selim Posts: 24 Forumite
    Oh, I do fully comprehend the situation: as I said, the landlord was fully entitled to charge you another month's rent in full. As a favour to you they did not and that makes you very lucky indeed. I reiterate: to quibble about one day's rent is incredibly petty.

    I sincerely hope that you don't behave in the same way in other areas of your life because if you do I pity anyone who has to deal with you.
    You clearly do not. Let me break it down to you into manageable Key Stage Four chunks:

    Scenario 1:

    Me: Is it okay if I extend my stay until Sunday?
    LA: I will ask the landlord.

    [Later]


    LA: This is absolutely fine
    Me: Thank you


    Scenario 2:

    Me: Is it okay if I extend my stay until Sunday?
    LA: I will ask the landlord.

    [Later]


    LA: He stated that unless you move out on the agreed date, he will charge you an extra month
    Me: I guess I will not be staying until Sunday then!


    Do you see that in both of the scenarios outlined above, I am at no time exposed to the landlord charging me for a month because 1) he either agreed to extend without charging, or 2) I had the opportunity to leave without incurring an additional charge. So no, I was not very lucky. Luck played no part whatsoever in the exchange. Two consenting adults made an agreement because I am guessing they both benefited.

    I suppose I am also very lucky that he is trying to charge me £175.00 to replace three mattresses that are at least 15 years old, which we left in the exact condition we found them in (this is supported by the inventory report).

    I suppose I should throw myself onto the floor and praise Allah for my good fortune and having such a generous landlord?

    You are right though, I am a lucky individual. My life is pretty good, whereas yours consits of playing devil's advocate to some douchebag landlord you don't even know on the MSE forums becuase you have nothing more constructive to do.
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