End of tenancy questions

Dird

We're now on periodic contract, paid on the 1st of the month.
"You are required to provide a clear four week's notice before the end of the contract term, if you are intending to terminate this agreement."

We're waiting on a mortgage outcome and if it comes next week its OK but if the week after, would we need to pay for a full 2nd month's rent? There's talk online about "statutory periodic tenancy" which annoyingly talks about 28 days notice which would still mean the 2nd monthly payment would be due before the 28 days is up (at which point we could leave anyway).

Also, http://loveyourpostcode.com/tenant-fee-schedule has a "LYP Club Membership" fee which is roughly equivalent to around 1 month's rent. They claim this is non-refundable but we have no plans to rent with them again so get 0 benefit from this fee. Is it fair for them to charge no deposit but to charge a month's rent as a non-refundable "fee"? There's some wear & tear and we were hoping they could/should deduct it from this fee. Admin fee was a separate charge at the start of the tenancy. Or is this such an unusual charge that Obudsman would need to be asked about it?
LYP Club Membership

kinger101

I'm not sure what the membership fee is about, but just don't pay it. I doesn't sound mandatory. It sounds like a way of squeezing extra money out of gullible people.

As for giving notice, you really don't want to do this before you have exchanged contracts and completion date. If you end up paying rent for a few weeks on a property you don't need, just write it off as a moving expense.

Has the agency or LL served notice on you? If not default onto the periodic tenancy if you can. Don't let your LL know of your intention to move until you absolutely need to.

Dird

The membership fee was charged when we moved in 1.5 years ago. Most their properties say the "membership fee" is mandatory. They say the fee means, rather than pay a deposit each time you move to different houses with them you just pay that fee once...but they still charge £200+VAT for each house move (don't remember them mentioning this before) and I'd presume repair fees before letting you move to another one of their properties. Perhaps they just put the "membership fee" in the government deposit scheme then just update the addresses when people move...if true that'd make it sound like a deposit to me.

I'm not giving notice before the contract exchange which is the issue. If the exchange happens next week then it's fine. If the exchange happens in 2 weeks then the 4 weeks notice encroaches into August :f

We've been on periodic for 12 months now

kinger101

You're not planning to move into another house with them so the £200 fee is not relevant. No deposit was taken for the property you're currently in, so you won't get anything back. They may attempt to charge a check-out inventory fee. I'd refuse to pay this however, as the implied terms of the membership means you are not liable for damages that would otherwise be covered by the deposit.

As I indicated, any rent costs incurred after completion are just another expense you should budget for when you move house. If it bothers you that much, you can always aim for a completion date that coincides with the date your rental period ends (if your vendor agrees). It might not be such a bad idea in your case, as I'd certainly not be making any effort to leave the place spotless given they've already got membership fees to cover this. Just move out and leave as is.

As for whether the membership fees are fair, that's largely subjective. I'd certainly not agree to it as a tenant. And I can't see why a landlord would want to practically give someone carte blanche to leave the place as a tip when they leave. But you presumably thought it was fair when you signed the contract, so it's water under the bridge now.

Dird

The contract says:
(7.1) To return the Property and Contents at the end of the tenancy in the same clean state or condition as they were at the commencement of the tenancy
(7.3) The Agent/member must tell the tenant within 10 working days of the end of the tenancy if they propose to make any deductions from the Deposit.

However, there was no official deposit, just the "membership fee"

Edit: Apparently you can't be charged for wear & tear? I guess the damage could be classed under this and there's nothing major.

G_M

1) the fee. It sounds like this is non-refundable? So is not a deposit, and does not need to be put in a deposit scheme. However, if it is refundable when you leave, it should be in a scheme and you can ask a court for the penalty.

How exactly is the membership fee described? Please quote the wording in the contract and/or on the receipt and/or other documents.

2) if it is indeed a non-refundable membership fee, then if the contract you signed/agreed says you must pay it, then you must pay it.

3) do not give notice till you Exchange Contracts. Your purchase could be delayed, or fall through, & if you fail to leave after giving notice you may be charged double rent.

4) Notice. You have either a

a) 'Contractual Periodic Tenancy' and the notice period is whatever your contract states. What exactly does your contract say happens at the end of the fixed term?
or
b) a 'Statutory Periodic Tenancy' in which case your notice is defined by law: one full tenancy period ending on the last day of a period Read the link below for explanation and example.

* Deposits: payment, protection and return

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

kinger101

Dird wrote: »

The contract says:
(7.1) To return the Property and Contents at the end of the tenancy in the same clean state or condition as they were at the commencement of the tenancy
(7.3) The Agent/member must tell the tenant within 10 working days of the end of the tenancy if they propose to make any deductions from the Deposit.

However, there was no official deposit, just the "membership fee"

Edit: Apparently you can't be charged for wear & tear? I guess the damage could be classed under this and there's nothing major.

I'd argue that "welcome to a world where you can never lose a deposit, ever again" implies that loses up to the amount taken for the membership are already covered by this. But ultimately, it's what a judge decides it means if it goes to court.

I wouldn't worry about wear or tear or very minor damage, but if you've caused anything significant, you will be liable. As for cleaning, just leave it reasonably clean in the knowledge that they're unlikely to go through the hassle of trying to recover any cleaning expenses unless they merit court action.

Dird

kinger101 wrote: »

but if you've caused anything significant, you will be liable.

What classes as significant? The dogs (they gave permission to have them) have chewed some of the carpet (side of the staircase and near to doors) but nothing hanging out like a trip hazard. I guess they could be claimed as being wear & tear from moving furniture in/out the rooms?

G_M

Dird wrote: »

What classes as significant? The dogs (they gave permission to have them) have chewed some of the carpet (side of the staircase and near to doors) but nothing hanging out like a trip hazard. I guess they could be claimed as being wear & tear from moving furniture in/out the rooms?

I think you know as well as we do that "dogs have chewed some of the carpe" is not 'wear and tear'. It is dog damage.

The dogs must make good the damage.

Dird

G_M wrote: »

I think you know as well as we do that "dogs have chewed some of the carpe" is not 'wear and tear'. It is dog damage.

It could just as easily have been caught moving furniture around, is that not classed as wear & tear?

emsywoo123

G_M wrote: »

The dogs must make good the damage.

Could the op not do it does it have to be his/her dogs-seems a bit of an unfair request :rotfl: