Ending a Tenancy

Newbiebuyer2016

Husband and I have lived in a property for just over 2 years. Never seen the LL he has just had the boiler services twice.

We are his first tenants also. We've just had our mortgage confirmed and due to exchange this week on a new build property. LL knows this might be coming as he supplied a LL reference.

We moved in on the 1st of the month and signed a years contract. A few months in we changed the rent day to the 10th due to my job change. Contract was never renewed.
We would like to end out tenancy on the 1st June and move asap.

We plan to tell the LL as per our contact we want to give a months notice 1st June and pay monies owed from 10th June to end of the month ( we've already paid 10th May- 9th June)

Could this cause any issues? I mean technically we have no contract now and we are using the situation to our advantage.

We are also going to offer we are happy to accept a partial refund if he finds tenants willing to move 24th June onwards (we are moving around 16th)

Pixie5740

Yes you do have a contract. You have a periodic tenancy and need to give notice to align with your tenancy periods. As you pay your rent monthly and your tenancy started 1st of the month your tenancy periods run from 1st to last day of the month.

It's too late to give notice to end the tenancy in May so if you serve notice now your tenancy will end 30th June and legally that is when you have to pay rent until.

However, you can try and negotiate an earlier surrender with your landlord and pro rata rent but he is under no legal obligation to agree.

Newbiebuyer2016

Yes that exactly what I meant. We want to notify the LL on 1st June pay till 30th June.

We usually pay rent on the 10th June which is where I though we were being a bit cheeky.

By periodic tenancy do you just mean this is verbal as our paper contract is expired in 2015 with no details on rolling over?

HappyMJ

Newbiebuyer2016 wrote: »

Yes that exactly what I meant. We want to notify the LL on 1st June pay till 30th June.

We usually pay rent on the 10th June which is where I though we were being a bit cheeky.

By periodic tenancy do you just mean this is verbal as our paper contract is expired in 2015 with no details on rolling over?

What does your tenancy say?

Your rental period might still be 1st to 30th but you've agreed to pay the rent on the 10th every month...9 days late.

I'd give notice ASAP then negotiate a date to leave. You might find you can give notice today to leave on the 30th or earlier by mutual agreement.

Marktheshark

You offer the landlord an early surrender deal and see what they come back with.
If they reject this you change the locks and refuse viewings handing the keys back on the last day at checkout.

Pixie5740

If your original tenancy agreement doesn't say what will happen at the end of the fixed term then you have a statutory periodic tenancy. If your original TA does say what will happen at the end of the fixed term you have a contractual periodic tenancy. Both are perfectly valid legal contracts.

Newbiebuyer2016

We had a short hold tenancy from 1/4/14 till 31/3/15. Nothing in there about continuing or rolling over just an expiry date.



Around July 2014 we agreed to change rent day to 10th month. For example paid 1st July - 10th August then 10th of the month there after.

So we have paid till the 10th June 2016.

If we give notice on 1st June we I'll owe 10th -30th June.

Newbiebuyer2016

Pixie5740 wrote: »

If your original tenancy agreement doesn't say what will happen at the end of the fixed term then you have a statutory periodic tenancy. If your original TA does say what will happen at the end of the fixed term you have a contractual periodic tenancy. Both are perfectly valid legal contracts.

So perfectly acceptable to give a months notice?

Pixie5740

So you have a statutory periodic tenancy then and are required to give 1 tenancy period of notice.

Beckyy

Sounds reasonable to me.

You can still ask if he will accept ending your tenancy earlier.

Newbiebuyer2016

Marktheshark wrote: »

You offer the landlord an early surrender deal and see what they come back with.
If they reject this you change the locks and refuse viewings handing the keys back on the last day at checkout.

We would still be hanging around the property we are only moving a few roads away. We understand we are choose to move earlier.

IF the LL agrees we would make sure the property is ready the hand back on 24th if he doesn't we will still have stuff here.