Paying only partial months rent as moving out

dkennedy1001

Hi,

We are currently in a rental contract where it is rolling month to month as we have been in the house for 4 years. We recently got an offer accepted on a house and told our landlord back in Feb that we will be likely moving out at the end of March. As we are new to house buying process and we hadn’t realised these things take so long we then in early March told him that the end of April was now more likely. This month he decided to sell our current house and we have made it available for viewings etc and this week I informed him that we are just about to exchange contracts on our new house and we are likely to move out on the 28th of April. Our tenancy runs 15th-15th.

I said we would pay the extra money from the 15th to 28th of April if we could stay on those extra 13 days. In my head this is completely reasonable and my question is he would hardly expects me to pay from the 15th of April to the following 15th of May when we will have moved out on the 28th of April?

Thanks

vuvuzela

dkennedy1001 wrote: »

Hi,

We are currently in a rental contract where it is rolling month to month as we have been in the house for 4 years. We recently got an offer accepted on a house and told our landlord back in Feb that we will be likely moving out at the end of March. As we are new to house buying process and we hadn’t realised these things take so long we then in early March told him that the end of April was now more likely. This month he decided to sell our current house and we have made it available for viewings etc and this week I informed him that we are just about to exchange contracts on our new house and we are likely to move out on the 28th of April. Our tenancy runs 15th-15th.

I said we would pay the extra money from the 15th to 28th of April if we could stay on those extra 13 days. In my head this is completely reasonable and my question is he would hardly expects me to pay from the 15th of April to the following 15th of May when we will have moved out on the 28th of April?

Thanks

He would be being exceedingly reasonable were he to let you pay a half month. I would say the majority of landlords would make you stick to the monthly repayment figure and would want a proper full month notice given of this. The fact you have scheduled your move for a mid-pay month period isn't his fault.

TBagpuss

Check your tenancy agreement. Normally you would need to give a full month notice, starting on the rental date, so you would need to give notice on or before 15th April to move out on or before 15th May, and would be liable for the rent for the full period.

Your landlord *may* be willing to accept a lesser amount, if they have a new tenant lined up, for instance, but they are not under any obligation to do so. If you have not yet exhcanged then it may be better to speak to your conveyancers about arranging to complete either on 15th, or a few days before, so you can move closer to the date your notice period expires.

if you have exchanged, then make sure you can pay the full months rent, and then if your landlord lets you off the hook, you will have a little 'windfall' to use as you wish.

pmlindyloo

Ending a periodic tenancy

http://forums.moneysavingexpert.com/showpost.php?p=52421475

Yes, in law you should give a month's notice ending with the tenancy period. So, if the landlord demands this then in law he is acting correctly.

However, the LL has put the house up for sale and you have been reasonable in allowing people to view. You were not under any obligation to do this (even if your contract said so)

So if the LL is not co operative you might like to remind him/her of this.

Your deposit was protected wasn't it?

dkennedy1001

Thanks for the info and yes my deposit is protected. I guess the one months notice is where I am a bit confused. Even now I am 99% sure I will be moving out on the 28th of April but I gave him notice of our intentions back in February so as to allow him to sell the house etc.

Granted that notice way back then didnt specify the exact date as that isnt 100% yet but it was notice all the same. I would consider this more than one months notice although the date hasnt been nailed down yet, am I correct in this assumption?

thesaint

dkennedy1001 wrote: »

Granted that notice way back then didnt specify the exact date as that isnt 100% yet but it was notice all the same. I would consider this more than one months notice although the date hasnt been nailed down yet, am I correct in this assumption?

No, you are incorrect.
As a landlord, it is irritating as hell when tenants do this.

I can't arrange a tenant, as prospective tenants want to know when they can move in.

jjlandlord

Telling your landlord that you are likely to move in March or April is not giving notice.
It's nothing.

RAS

Have you actually written (paper and pen) to your LL at the address for the serving of notices (listed in your tenancy agreement)?

Until you do that, you have not served notice legally unless the tenancy agreement specifies other acceptable forms of communication.

thesaint

When tenants do this, I tell them to write me a letter(as they invariably tell you this over the phone) giving their notice.

If I receive the letter, I write back stating that it isn't valid, and refer them to their tenancy agreement which states the correct procedure on how to give notice.

dkennedy1001

The only writing I did was by email to give the LL a heads up and a rough idea when moving out. He is selling so getting another tenant in isn't going to happen.

I get the idea, everything needs to be done in writing with an exact date and the fact I gave him a large heads up so he could sell his house doesn' mean much.

Well in my mind I have helped him a lot when I didnt have to and was happy to show people around the house etc. If he after that wants me to pay 2 weeks rent when I'm moved out then I won't be allowing any more viewings till I move out even if on rightmove now, two can play the legal game and he will take much longer to sell his house.

Would be a shame for it to end like this though

HB58

If you have not yet given formal notice, the soonest your tenancy can end would be 14th May - unless your LL is willing to make other arrangements (if he agrees to this you should get something in writing).