Giving notice to quit to landlords - do you have to pay the full month's rent?

Chris94

I'm in the process of buying a flat and just sent my current landlords my notice to quit.

However, I have searched online and in my contract and not received a definite answer with regards to whether or not you pay the full month's rent for the month you leave or pro-rata for whatever proportion of the month you were living in the flat. I'm aware I have to give a month's notice, but my rent is paid on the 2nd of each month and a month from now is the 7th. Do I pay the full month's rent, or do I just pay the rent equivalent to what would be paid from 2nd-7th?

My contract says "The short assured tenancy may be ended by the tenant giving the landlord one month's notice in writing to terminate the tenancy at its termination date", but that doesn't suggest that you would have to pay the full month's rent.

Any experiences?

PrettyFlower90

From my own experiences you give and pay a months notice
i.e. if you gave notice on 7th, then you pay for 7th. Up til the 2nd has been paid for, then 2nd-7th needs to be worked out and paid for.

fatbelly

Housing law is not my speciality but I think this is the answer.

Assuming you are in England, there is guidance here

http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy

Assuming you are in the periodic phase, how you end the tenancy is here

http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement

You will see that your question does not arise as

You have to give your landlord at least:
4 weeks' notice if you have a weekly tenancy
1 month's notice if you have a monthly tenancy

The notice you give must end on the first or last day of the period of a tenancy, except when your tenancy agreement says something different.

so if the rental period ends on the 1st and you give notice today you give it (and pay up to) 1st December

unless you can come to an agreement with your landlord for a shorter period

marksoton

Your notice needs to align with your tenancy start date.

Of course you're free to negotiate anything you want with the LL.

Pixie5740

Note the OP says "Short Assured Tenancy" which indicates this is Scotland and the advice given above related to tenancies in England & Wales.

Did you receive an AT5 form before signing the tenancy agreement? If so then you have a Short Assured Tenancy, if not you have an Assured Tenancy.

Are you in a fixed term contract? If the original fixed term has ended what does your TA say will happen at the end of the fixed term?

fatbelly

Pixie5740 wrote: »

Note the OP says "Short Assured Tenancy" which indicates this is Scotland and the advice given above related to tenancies in England & Wales.

Did you receive an AT5 form before signing the tenancy agreement? If so then you have a Short Assured Tenancy, if not you have an Assured Tenancy.

Are you in a fixed term contract? If the original fixed term has ended what does your TA say will happen at the end of the fixed term?

Thanks. I should stick to what I know

Misread it as an AST

davidmcn

From (limited) experience, you just pay the pro rata rent to the end of the tenancy. I don't think there's very clear legal precedents on it.