Renting - do I owe any more money?

titch85

Hi

I was hoping someone might be able to advise on my situation.

I've been renting from a private landlord since 1 May 2015 on a 6 month tenancy agreement. There was no security deposit needed but I was required to pay a month's rent in advance so payments have been as follows:

1 May - x 2 payments, June, July, August, September.

Last month I gave my notice as I am buying my first home and I am moving out 30 Sep but my landlord is saying that I still owe him another month's rent.

Is this right? I have paid the full 6 months (so fulfilling the 6 month term) so I'm a bit confused as to why he's asking for more money (which I don't really want to pay as I'll obviously have my first mortgage payment to cover as well next month).

Any help would be greatly appreciated!

payless

That's 2 months in advance, which is effectively a deposit so may have tenancy protection issues ( ll problem not yours) look it up as you may have a claim against him

As you say you will have paid 6 months for 5 months use. ( based in paying 1/9 you are entitled to stay unto end oct )

G_M

You need to be more precise:

titch85 wrote: »

I've been renting from a private landlord since 1 May 2015 on a 6 month tenancy agreement.
So your contract will end on 31 Octber

There was no security deposit needed but I was required to pay a month's rent in advance so payments have been as follows:

1 May - x 2 payments, That appears to be either
a) two months rent in advance or
b) one month in advance, plus a deposit = to a month's rent

June, July, August, September. 1 months rent each?

Last month I gave my notice4
You cannot give notice on a fixed term contract (unless there is a Break Clause which is highly unusual in a 6 month contract)

as I am buying my first home and I am moving out 30 Sep
You can move out, but you cannot end the tenancy till end of October - 6 months
but my landlord is saying that I still owe him another month's rent.

Is this right?
See above : a) or b)?
I have paid the full 6 months (so fulfilling the 6 month term)
See above : a) or b)?
so I'm a bit confused as to why he's asking for more money (which I don't really want to pay as I'll obviously have my first mortgage payment to cover as well next month).

Any help would be greatly appreciated!

That's 2 months in advance, which is effectively a deposit so may have tenancy protection issues

Depends on the wording of the contract.

Was it 2 months rent in advance? Or 1 month in advance + 1month deposit?
What does the tenancy agreement say?

If it was 2 months rent in advance then it counts towards 2 of the 6 months rent and you owe no more.

If it was 1 month in advance plus a deposit, then you owe another month..... but the deposit should be registered.

titch85

My lease says:

..."to hold for the Term at the rent to be paid monthly in advance commencing on the 1st Day of May 2015 for the Term of 6 Months at the calendar monthly rent of (£rent price) for the first 6 months..."

..."Both parties to this Agreement acknowledge herein that No Damages deposit has been taken or held for the tenancy..." (we've both signed this)

Also on the back, he has written a receipt to say "Received (£amount paid) being 2 months rent and fees of (£feespaid)" which is signed and dated.

And yes, I have paid the rent at the beginning of each month listed. As for the notice, it was more an agreement of 'I'll be leaving on this date', rather than a termination of the tenancy as I was fully aware of being bound for 6 months.

Thanks for your help and I hope the above clarifies and helps with an answer.

thesaint

It may be that he is simply confused.
I would write a basic rent statement showing what monies has been paid, and what periods they are for.

G_M

Since the tenancy agreement says: "to be paid monthly in advance" the LL has probobly forgotten that for some inexplicable reason you decided to pay 2 months in advance at the start.

franklee

G_M wrote: »

Since the tenancy agreement says: "to be paid monthly in advance" the LL has probobly forgotten that for some inexplicable reason you decided to pay 2 months in advance at the start.

It's not clear if it was the OP's decision that caused him to pay the extra months rent at the start of the tenancy, it may have been the landlord trying to take a disguised deposit. Whenever I've rented I've been told by the landlord/agent how much I have to pay. It's not as if the tenant paid twice by mistake as he has a signed receipt.

Landlords are usually pretty good at tracking rent so I'd bet he does know all six months have been paid. Asking for more smells like wanting a disguised deposit to me.

Given there is a signed receipt it should be easy for the OP to prove that all six months rent have been paid so no more to pay.

Mallotum_X

Can you ask the landlord to provide a statement showing what you paid and what rental period each payment covered. Or prepare your own and send it to them to agree/amend.

Once you have that you can work out whether you or the landlord are correct or at least investigate where any difference arises.

titch85

franklee wrote: »

It's not clear if it was the OP's decision that caused him to pay the extra months rent at the start of the tenancy, it may have been the landlord trying to take a disguised deposit. Whenever I've rented I've been told by the landlord/agent how much I have to pay. It's not as if the tenant paid twice by mistake as he has a signed receipt.

Landlords are usually pretty good at tracking rent so I'd bet he does know all six months have been paid. Asking for more smells like wanting a disguised deposit to me.

Given there is a signed receipt it should be easy for the OP to prove that all six months rent have been paid so no more to pay.

The landlord asked for two months in advance.

I'll send an email clarifying what I've paid and when and see what his response is.

Thank you to everyone for your help.