AST rolling contract partial last month

AgentOfChange

Our landlord recently decided to sell the house giving us 2 months notice to leave on 1st March (the end of the rent period). We managed to find a property with the same letting agent during the first month and gave our month's notice that would end on the 24th February leaving 4 days till the end of the rent period.

We asked if we could leave early and were told "You usually have to leave on the date the rent comes out but I'm sure the landlord will be fine with it." We heard nothing else and moved into the new property on the 24th February.

I am now trying to get my money back for the 4 days rent. Legally I know that the AST contract states the notice has to end at the end of a rent period. If they refuse to give the rent back do I have any options or is it just tough luck?

Sisyphus

As I understand it you have to give at least a full month notice to the rent due date. Verbal reassurances from letting agents are not worth diddly squat IMO. Did someone else move into the property on the day you left? If they did then they should pay you the difference. If they didn't, you are probably liable.

AgentOfChange

Thanks, I thought so . That will teach me to not take a more hands-on approach when moving (left the details to my wife).

I guess my only option is a complaint to head office and request a refund of the £100 agency fee (a long shot I know).

thesaint

Which agency fee are you going to request be refunded?

Your quest sounds like an exercise in futility.

rosysparkle

What would be the substance of your complaint? You gave notice on 24th but as you state, the notice has to end on a rent date so the notice would start on the 2nd February and end on 1st March. The agent and the landlord have followed the law.

AgentOfChange

rosysparkle wrote:

What would be the substance of your complaint? You gave notice on 24th but as you state, the notice has to end on a rent date so the notice would start on the 2nd February and end on 1st March. The agent and the landlord have followed the law.

I gave notice on the 23rd January. The agency told me that it would be okay to move out early and not have to pay the rent to the end of the rent period. I am renting the new property through the same agency. Therefore they have gained extra money from me by misleading me about the terms of the contract.

Of course, I should have checked the contract and not gone with their word but I feel I have nothing to lose by making a complaint to their head office. I will try to get part of the agency fees (£170 for the new property) back as compensation. Like I said I know I don't have much chance of getting this but the worst that can happen is they say no.

By the way I know that the landlord has done nothing wrong whatsoever and that the agency have not broken any laws either because I was under a contract which overrides any verbal agreement. I do feel it is pretty bad customer service though to be misled for the sake of a couple of a week (we told them we wanted to move on a weekend so we would not have moved into the new property until the 3rd March).

rosysparkle

Oh, right. Upthread you said that the agent told you that you should be held to the contract, but they were sure the landlord would be fine with it - though I'm not clear whether "it" refers to a refund or you simply moving out before the end date of the contract.

From that, you weren't misled about the contract, and the agency has to take the landlord's instructions on early termination.

If the agency hadn't said that they thought the landlord would be fine with it, and had held you to the contract, what were you going to do between moving out on the 1st March and moving into the new property on the 3rd (assuming the landlord of the new property would have been OK with a commencement date of the 3rd)?

AgentOfChange

rosysparkle wrote: »

If the agency hadn't said that they thought the landlord would be fine with it, and had held you to the contract, what were you going to do between moving out on the 1st March and moving into the new property on the 3rd (assuming the landlord of the new property would have been OK with a commencement date of the 3rd)?

The landlord had phoned my wife (to offer us the chance to buy the property) and said that we could stay in the property for a few extra days if we needed to as long as we paid the extra days. As I understand it now, if we had taken him up on his offer would we have been liable for the full month rather than just 3 days?