Termination of private rent

mrs_motivated

Hi folks,

Can someone just confirm my thinking is correct. I have rented a property for the past year. Tenancy start date 17th November 2011 and at the time I paid £1000 deposit and £850 rent in advance, with the following months rental been due on the 17th of the month.

If i had my notice in on the 16th Nov, I am assuming i dont pay the rent on the 17th due to the advance payment at the start of the tenancy. The deposit I assume will be returned to me after the final inspection / inventory check and the keys have been returned.

tbs624

If you paid just one month's rent in advance at the start of the tenancy then yes, you do need to pay the final month's rent after handing in your notice.

Incidentally, you need to ensure that the LL receives that written notice by 16th.
( you say your tenancy started on 17 Nov last year, so presuming you had either a 6 or 12 month initial Fixed Term expiring on either 16th May 2012 or 16th Oct 2012 and that you are currently under a statutory periodic agreement)

You may want to invite the LL round 10 days or so prior to your notice expiring so that you can chat through any potential areas of disagreement around deposit retention.

Has deposit been scheme registered ? Have you been given the scheme's prescribed information?

BitterAndTwisted

If you remain in the property past the 16th of this month you will need to pay a month's rent on the 17th of this month to cover the period 17/11/2012 to 16/12/2012

Give formal notice IN WRITING and ensure it is received well before the 16th.

Fire_Fox

The rent you paid at the start covered the period 17 November 2011 to 16 December 2011, the rent you will pay on 17 November 2012 will cover up to to 16 December 2012.

mrs_motivated

Thank you for your replies.

I have just written a letter to him, which will be posted first class, stating that I am giving one months notice from the 16th November and the final payment of £850 will be paid on 17th November. To be fair, he is a great bloke and he knows that I am intending to move out in the next week or two, but I know I need to do this formally. I understand there will be an overlap period when I will be both renting and paying a mortgage, but this was beause I was wary to hand in my rental notice before exchange of contracts on the purchase.

We have agreed that I will phone him to arrange a time to meet when I have moved out to check the inventory and do a joint property inspection etc. I honestly dont think there will be any issues with this as he has been in the property on a number of occassions and he always comments that I have kept it immaculate and in excellent order etc.

But what is the actual process for getting the deposit returned? I have a paper from DPS with an deposit ID number on, but it doesnt tell you the process for getting the money refunded.

tbs624

Look on the Our Processes page of the DPS website - clear tenant info on there.

tbs624

BitterAndTwisted wrote: »

If you remain in the property past the 16th of this month you will need to pay a month's rent on the 17th of this month to cover the period 17/11/2012 to 16/12/2012

Give formal notice IN WRITING and ensure it is received well before the 16th.

My highlighting. As long as the LL has received it by 16th of the month the T is covered

julieb1987

If you are on a 1 year fixed term agreement you can technically just leave the property on 16th November and no rent would be owed. However, as you have a good relationship with your LL it would be a bit late to drop this on him and if you're not quite ready to move it is courteous to give him some notice. If you don't care about your relationship with the LL, you can just pack up and go next week if you want!

tbs624

julieb1987 wrote: »

If you are on a 1 year fixed term agreement you can technically just leave the property on 16th November and no rent would be owed.

Check your dates there. OP says tenancy started 17 Nov last year, so a 12 month AST FT would take him/her up to 16th *October* 2012, rather than 16th November 2012 ( see my earlier post)

However, as you have a good relationship with your LL it would be a bit late to drop this on him and if you're not quite ready to move it is courteous to give him some notice. If you don't care about your relationship with the LL, you can just pack up and go next week if you want!

If the T followed your "advice" they would be likely to find themselves pursued for a further month's rent in lieu of notice

Wantahouse_2

tbs624 wrote: »

Check your dates there. OP says tenancy started 17 Nov last year, so a 12 month AST FT would take him/her up to 16th *October* 2012, rather than 16th November 2012 ( see my earlier post)


If the T followed your "advice" they would be likely to find themselves pursued for a further month's rent in lieu of notice

I think your dates are wrong - November 17th, 2011 to October 16th, 2012 is an 11 month term, not a 12 month term.

12 Months would end on November 16th, 2012.....

mrs_motivated

The tenancy was a twelve month tenancy starting on 17th November 2012, So it would finish on 16th November. However it does say something about a one month notice period.

I will make the last payment on 17th November and end the tenancy officially on 16th December. I definately will pay the rent, but knowing my landlord if he gets the keys early he will give me some back (or a nice case of wine for a christmas pressie ) etc.