Partial rent refund if I move out mid month?

choccyface2006

Hello,

I just want to get some opinions before I make a fool of myself to my landlord!

I moved into my rented property over 8 years ago and paid 6 months’ rent in advance and one months’ rent as deposit. Of course I didn't pay any further rent for the first 6 months.

I am now buying a house (Yay) and its all going through very quickly, we are not sure but could be moving into our new home at the end of the month or soon after.

I saw my LL a few months ago and told him I was looking for a house and have now told him again that I'm buying somewhere and he has said when I have a date I can give my 1 months notice.

My rent is paid on the 25th monthly so when I pay on the 25th August I am paying for the forthcoming month but will probably be moving out within that month.

If I can get a firm moving out date in the next few days and give a months’ notice that is before the 25th September, will I get a pro-rata refund of rent? I will probably need a few extra days as I have to paint every room as per my tenancy agreement (I am actually out of my agreement as my LL hasn't sent a new tenancy agreement out even though it was due last month)

Also, how long should I wait to expect to get my deposit back? It was not put into a scheme as the law didn't require it at the time but we have been perfect tenants, no late rent, house has been kept immaculate (just expected wear and tear for 8 years)

Thank you

Sarah

tbs624

If your tenancy is currently operating on a statutory periodic agreement, ie running on from month to month ( if rent due monthly) after expiry of a Fixed Term AST, then you would need to ascertain your tenancy periods: Check back to the expiry date of the last Fixed Term agreement - the tenancy periods run on in subsequent months from the following day. This does not always align with a the rent due date.

Your LL is entitled to a full tenancy period's worth of notice but may be up for negotiation if he can easily relet or wants time to redecorate etc.
Get any agreement on the issue confirmed by the LL, in writing.

Note that if you signed for a new Fixed Term at any point after 6 April 2007 then your LL *should* have scheme registered your tenancy deposit at that point.

You can only be asked to leave the property in the same condition as when originally let to you, excepting fair wear and tear. The original state of the property is usually evidenced by a jointly signed/suitably annotated inventory.

Regardless of whther your tenancy deposit is in fact registered have a look at the mydeposits website as it has a couple of useful guides on FW&T /deposit return etc.

10-14 days should be enough time for a LL to deal with your deposit return if there is no disagreement between the parties.

Cover yourself by taking date evidenced detailed photos on tenancy exit - up close and personal on the sanitary euipment, inside and out of cupboards/white goods etc, window ledges/light switches, door handles etc - any area where finger marks or signs of mould might be apparent.

You may like to consider asking the LL to call round at a mutually convenient time pre-tenancy end to go through any areas of potentialdispute - you would then have time to deal with them before moving out.

choccyface2006

Many thanks, this is very useful.

I am actually out of any tenancy agreement at the moment, my landlord has got later and later sending me new agreements to sign (last year he was about 4 months late!)

I will check my original tenancy Agreement to see if I can make sense of things. I am sure I move it about the 12th of the month but pay my rent on the 25th so thats confusing.

I suppose the best thing would be to say I will move out on 24th September really so no advance rent is due on the 25th. That would give me lots of time to move things out & redecorate.

Sarah

tbs624

choccyface2006 wrote: »

Many thanks, this is very useful.

I am actually out of any tenancy agreement at the moment, my landlord has got later and later sending me new agreements to sign (last year he was about 4 months late!)

Your Fixed Term may have expired but you still have a tenancy agreeement - a stat periodic.:)

I will check my original tenancy Agreement to see if I can make sense of things. I am sure I move it about the 12th of the month but pay my rent on the 25th so thats confusing.

It is not when you moved in that counts, nor the rent due date - it's the *end* date of the last Fixed Term agreement that you need.

Alternatively , just make a proposal for an agreed leaving date with the LL and get confirmation from him in writing.

choccyface2006

Ank you! Better get my agreement out then!

James_N

choccyface2006 wrote: »

Hello,

I just want to get some opinions before I make a fool of myself to my landlord!

Sarah

Seeing as you appear to have been a good tenant, and are not trying to get away with anything like some do, why not ask the LL?

The LL may appreciate the extra notice, be able to inspect and arrange for deposit refunds earlier, and be able to re-rent earlier. It may make the LL happier to be able to schedule any works or redecorations earlier.

This may all be convenient, and so even if the LL doesn't have to, you may find there is some benefit to you.

Notmyrealname

Personally I'd pay the extra couple of weeks. It means less rushing around trying to get stuff moved out by a deadline. It allows you to transition from one property to the other with far less stress.

choccyface2006

Thanks for the comments. James, I have already told my LL that I will be giving my notice soon and will give him his official one months notice when I have a firm date set, he has asked if I will show new potential tenants round during my notice period which is fine. He last saw the property a couple of months ago so he knows I keep it nice. I'm hoping this will mean a speedy deposit return.

Notmyrealname, you are probably right, it would be more stressful if we had to move everything on one day so maybe having the house for a while after we move won't be a bad thing.

Sarah

G_M

This post here will explain all the options, for all the different AST tenancy scenarios.

coldcazzie

choccyface2006 wrote: »

I am actually out of any tenancy agreement at the moment, my landlord has got later and later sending me new agreements to sign (last year he was about 4 months late!)

Just to clarify... by this you mean that you originally signed a fixed term agreement, then it expired, and then your LL sent you a new one to sign? And each time the fixed term agreement ended he sent you a new one, but started taking longer to send it each time?

If thats the case then the first agreement you signed after April 2007 or whenever it was that the deposit protection schemes came in, should have been accompanied by your LL protecting your deposit in a scheme and sending you the appropriate paperwork.

The fact that you originally moved in before that doesn't matter, because you signed a new fixed term agreement. If you'd stayed on the periodic tenancy after your original agreement ended then it wouldn't apply. At least that's the way I understand it.

As far as I know, if your LL failed to protect it then you can make the protection schemes aware and you can get the whole deposit back even if the LL tries to keep some for repairs or whatever. You should read up on it.

Also, its the end date of the most recent agreement that is the key date. It's the next day after that that your periodic month starts.

tbs624

coldcazzie wrote: »

Just to clarify... by this you mean that you originally signed a fixed term agreement, then it expired, and then your LL sent you a new one to sign? And each time the fixed term agreement ended he sent you a new one, but started taking longer to send it each time?

If thats the case then the first agreement you signed after April 2007 or whenever it was that the deposit protection schemes came in, should have been accompanied by your LL protecting your deposit in a scheme and sending you the appropriate paperwork.

See also post 2 "Note that if you signed for a new Fixed Term at any point after 6 April 2007 then your LL *should* have scheme registered your tenancy deposit at that point.":)