Rental question: Landlord wants to charge us extra

alex20111

Hello,

Our tenancy came to an end yesterday. We told the landlord that we would like to move out on the 30th April, so staying an extra 6 days. We have tried several times to get confirmation from the agency about how much extra rent we were required to pay. We expected 6 days.

The landlord had given us 2 months notice that they required us to leave the property. This notice ends on 13th May.

We have been told today that as we are still in the property then a statutory periodic tenancy has begun (which is rolling every month, we need to give notice on the 24th to leave by the 24th of the next month), and so we are required to pay until the 13th may, hence they are asking for two weeks extra rent.

The two clauses in the contract are slightly contradictory, they say now we have a rolling one month contract but at the same time the notice had been served by the landlord so that we have to move out within 3 weeks of the end of the contract.

Do we have any leeway here? If we had known we would have moved out yesterday rather than paying to the 13th. We asked multiple times for confirmation but never received any.

Thanks,
Alex

jjlandlord

[assuming England or Wales]

You are now most likely on a statutory periodic tenancy as you've been told.
This means that any clause of you contract pertaining to ending the tenancy no longer apply.
Instead, unless you reach an agreement with your landlord, you must serve no less than a month notice, expiring with a tenancy period.

If the periodic tenancy started today, 25th April, that means the earliest your notice could expire is the 24th June.

I don't know why they think your liable for rent only until 13th May, but considering the above I would take up that offer.
Make sure that you get it in writing that the tenancy is agreed to end on the 13th May along with any further rent liability.

Also note that a s.21 notice by your landlord is not a notice to quit and does not end the tenancy.

G_M

Just to add to the above, your best option is to discuss this, either with the agent or better still the landlord, and reach a compromise.

He may well be agreeable to you staying, and paying for, an extra 6 days - but getting this agreement would have been easier /more likely in advance.

alex20111

Thanks for the replies. We have now "checked out" of the property and handed the keys back, (on the 30th), whilst the landlord is getting someone to come in on the 16th. We apparently have to pay up to the 13th, which was the start of the section 21 notice. I assume that it doesn't make any difference that we have now checked out of the property and still have to pay to the 13th May?

alex20111

jjlandlord wrote: »

[assuming England or Wales]

You are now most likely on a statutory periodic tenancy as you've been told.
This means that any clause of you contract pertaining to ending the tenancy no longer apply.
Instead, unless you reach an agreement with your landlord, you must serve no less than a month notice, expiring with a tenancy period.

If the periodic tenancy started today, 25th April, that means the earliest your notice could expire is the 24th June.

I don't know why they think your liable for rent only until 13th May, but considering the above I would take up that offer.
Make sure that you get it in writing that the tenancy is agreed to end on the 13th May along with any further rent liability.

Also note that a s.21 notice by your landlord is not a notice to quit and does not end the tenancy.

That has been confirmed in writing...

BitterAndTwisted

Your landlord would have been fully entitled to expect you to pay a whole month's rent for staying just one day after your fixed-term ended as long as they didn't have another tenancy starting before that month expired. Under the circumstances I feel the charge to you is fair.

Any negotiating should have taken place before you left and before you signified your intention to leave.