Landlord requesting additional rent after agreeing to end tenancy

meloko21

Hello everyone,

First post here so please bare with me!

I contacted my estate agents last month to ask if I could end the tenancy early. They confirmed and agreed to a "check out date" for last week. I cleaned the property, vacated and handed back the keys.

Then I received an email asking for additional rent to be paid between the "check out date" and the date the new tenants will move in to the property, which will set me back a few hundred pounds.

Do I have to pay this additional rent? Or does the email confirming the "check out date" confirm that the tenancy has been surrendered by both parties?

Thanks,

thesaint

It depends on what was agreed in regards to the surrender.

Guest101

The suggestion is that the tenancy was surrendered at the check-out date - I doubt the LL would try to pursue this in court.


I think trying his luck.


(unless it was agreed you would pay until new tenants moved in, but you didn't say that)

meloko21

Thanks guys,

The language used when the estate agents confirmed the check out date includes:

"We have arranged for your Check Out to take place on X"
"You will not be given access to the property after your Check Out has been completed"
"If you are not ready to vacate the property at the time of the Check Out and we have to re-attend to carry out your Check Out, you will be charged a fee of..."

The most recent email asking for additional rent includes language like:

"The landlord was happy for you to vacate early as good will however rent needs to be covered until the new tenants start of tenancy to prevent any loss of the landlord."
"You were charged rent until the end date you vacated and awaited confirmation of the new tenancy date which has now been confirmed..."

There has been no mention of "surrendering" the tenancy - which I'm not sure is a good or bad thing for me.

HouseBuyer77

I think you could argue that taking your access away after the check-out date amounts to them accepting your early surrender and thus you don't owe any rent beyond that date?

meloko21

Yes agreed. I would understand if I still had the keys and access to the house. But I was asked to clean and vacate the property, and drop-off the keys by the check out date. Surely that means I have surrendered the property?

thesaint

So, you have absolutely nothing in writing in regards to your surrender?
If so, in my opinion, I think it fair that you pay until the new tenant moves in.

Your actions should not result in a loss for the other party, unless agreed prior.

tiger_eyes

If they expect you to pay rent up until the new tenancy starts, I trust they're also happy for you to move back in - and as they've already completed the final inventory, in full knowledge that your tenancy hadn't ended (according to them), they can have no complaint about the condition of the property when you finally leave.

AlistairM

You've been allowed to leave earlier than your contracted notice. Once new tenants are in you wont be charged.


This is a compromise between you an the Landlord. You get a chance to get out of the contract early but only if and when new tenants are in place.


If the landlord doesn't find anyone before your notice is done you'll still be charged up to that point.


Not a great deal really but that's a notice period for you

meloko21

Thanks everyone. Some more info:

It was never agreed that I would pay up until the new tenants moved in. This is an assumption by the estate agents. Like I said, I have an email confirming the "check out date", which also states "We would like to remind you that your final rent payment should be made in the normal manner" (which I have already paid). There is no suggestion that an extra payment will be required and therefore I assumed I would be surrendering the tenancy, as agreed.

Is this a fair assumption?

DaftyDuck

You will not be given access to the property after....

would, in my opinion, mark the end of the tenancy. I can't see any court awarding further rent if you are denied access, even if it isn't clear what other arrangements were made. Should the LL have wished to receive rent until new tenants installed, and deny access, I believe this should have been made clear in a written agreement between both parties.

To my mind, this amounts to early surrender accepted as of that date.