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Advice on leaving tenancy

Hello

I'm currently on a rolling contact as of Aug this year, where I pay my rent on the 4th of each month.

In response to my landlords giving me a 2 month notice period that my tenancy agreement has come to an end I found a new place.

My question/advice I need is that I'm only able to leave on the 18th Dec, so do I have any right to only pay the equivalent of my rent to the 18th, or do I have no choice but to pay the full amount to the 4th Jan '15 as in accordance to the regular scheduled payments I usually make?

I appreciate any advice thrown my way!
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Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Rent isn't paid pro-rata so you would have to pay full rent until 3rd January. You could try negotiating with your LL though as they can only say no.

    Have you given your own notice to end the tenancy?
  • Amez
    Amez Posts: 6 Forumite
    I will sending it shortly...I'm currently writing it now, but couldn't find the answer to the above question.

    So even though I'm leaving sooner, I'd have to pay the extra 3x weeks because it doesn't fall on the 4th?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Your rental periods go from the 4th to the 3rd. Not the 4th to the 4th.

    Tenancies deal with full rental periods, not partial rental periods so yes you will need to pay rent up to the 3rd January. However, your LL can't collect rent from two tenants for the same property at the same time. You'll still have exclusive use of the property up to 3rd January.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    Pixie5740 wrote: »
    However, your LL can't collect rent from two tenants for the same property at the same time. You'll still have exclusive use of the property up to 3rd January.

    Not necessarily.
    What the landlord cannot do is rent the same property to 2 tenants at the same time.
    However, since rent payable in advance is not refundable, he may indeed in effect receive rent twice for the same period.
  • hgotsparkle
    hgotsparkle Posts: 1,282 Forumite
    I have a question related to this (sorry for hijacking), we will be moving in springtime and have to give 1 month notice (we will start looking for a new house to rent in spring as our LL refuses to admit that our property has a damp issue even though we have our own damp reader and have called out a damp specialist who has confirmed it so we are waiting until spring to move when the damp clears up so that it can't go against our deposit), we are on a rolling month contract. We live next door to our LL but pay through a Letting Agents, do we write the notice letter to both the LA and LL?
  • Amez
    Amez Posts: 6 Forumite
    I'm assuming that giving my notice which includes my end date will end any entitlement I have to the property?

    My other question is whether I'm required to give the months notice at all then and potentially move on the 4th Dec.

    As I'm on a rolling contract which technically should've been renewed in August, and looking at the contract itself, it doesn't mention giving any notice at all.

    Appreciate the advice so far...
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    jjlandlord wrote: »
    Not necessarily.
    What the landlord cannot do is rent the same property to 2 tenants at the same time.
    However, since rent payable in advance is not refundable, he may indeed in effect receive rent twice for the same period.

    This is what I was actually trying to say. :o
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Amez wrote: »
    I'm assuming that giving my notice which includes my end date will end any entitlement I have to the property?

    My other question is whether I'm required to give the months notice at all then and potentially move on the 4th Dec.

    As I'm on a rolling contract which technically should've been renewed in August, and looking at the contract itself, it doesn't mention giving any notice at all.

    Appreciate the advice so far...

    Your entitlement to the property will end when your notice period ends.

    What do you mean that technically your tenancy should have been renewed? When your fixed term ended you automatically started a periodic tenancy with the same terms as your original contract. Simples.

    Statutory housing law requires you to give one full rental period's notice. You've missed the date for giving notice to end your tenancy on the 3rd December.
  • RAS
    RAS Posts: 34,430 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Amez wrote: »
    In response to my landlords giving me a 2 month notice period that my tenancy agreement has come to an end I found a new place.

    When did the LL give you two months' notice. What was theend date of the notice period?
    If you've have not made a mistake, you've made nothing
  • Amez
    Amez Posts: 6 Forumite
    RAS wrote: »
    When did the LL give you two months' notice. What was theend date of the notice period?

    My LL sent it on the 4th November @ 23:11 when my rent for that month would've gone out earlier in the day, so technically there was no way I could've preempted it to give notice and leave by the 3rd, which sucks.

    The letter I was sent giving this 2 month notice period says "Possession of the dwelling house is required by virtue of Section 21 of

    the Housing Act 1988. Date: 3 November 2014" despite the date being said is later

    So really from all this I'm getting that I don't really have any options aside from paying until the 3rd January.
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