Leaving property before notice to quit expires

groovy_chick

mojominder wrote: »

Am I right in thinking that the agency will not be able to withhold the deposit against the unpaid rent?

Nope, totally wrong I'm afraid. My rent was taken from my deposit and the balance returned to me.

Pixie5740

I'm confused by your posts. If you wanted to leave why phone up and ask the letting agent to serve you with a notice to quit? Why not just provide your own?

I'm surprised (actually not really surprised) that they letting agency agreed to issue a notice to quit (since legally they can't do that) and agreed to backdate whatever notice they did send as this would invalidate it.

If your fixed term contract ends 31st January 2017 then providing you move out before then your contract will end 31st January 2017. You will legally owe rent until 31st January 2017. If you do not pay the rent it can be deducted from your deposit or your landlord could take you to small claims court.

See 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? and

Deposits: payment, protection and return

for more information.

mojominder

Thanks again for the helpful replies - I'm now clear as to how to approach the agency regarding the ending of the tenancy. Hopefully, I'll be able to negotiate some kind of compromise.

ToasterScheme

Pixie5740 wrote: »

You will legally owe rent until 31st January 2017.

...and utility bills, council tax, etc., etc

mojominder

Further to my earlier posts, I now have the problem that the letting agency is, as usual, not responding to my emails. I have kept them informed of my movements and I have asked to do the leaving inspection asap so that there will be time to resolve any issues before the tenancy expires at the end of the month. The property is empty, cleaned and ready for handover.

If the final inspection does not take place until the last day of the tenancy, then how will I be able to deal with any issues which might arise?

Pixie5740

mojominder wrote: »

If the final inspection does not take place until the last day of the tenancy, then how will I be able to deal with any issues which might arise?

You won't be able to. Once your tenancy has ended that's it, you won't have any rights to go back and clean/fix things. All you can do is ensure that you leave the property no worse than you found it, minus fair wear & tear.

See G_M's guide to Deposits for further information.

mojominder

"You won't be able to. Once your tenancy has ended that's it, you won't have any rights to go back and clean/fix things. All you can do is ensure that you leave the property no worse than you found it, minus fair wear & tear."

That's what I thought (thanks for the swift reply). Is there any way I can 'require' the agency to do the inspection sooner? I really don't trust them as far as I can throw them!

G_M

Of course not.

Your tenancy has not ended and you remain responsible for the condition of the property untilthen, so inspecting in advance would be a nonsense.

As for non-response to your emails, sop emailing and write a formal letter to the address provided.

CIS

ToasterScheme wrote: »

...and utility bills, council tax, etc., etc

Only if the tenancy was in a fixed term period or a fixed term which had carried on as a contractual tenancy. If the tenancy was in a periodic period the liability for council tax finished when he vacated the property.

Craig

G_M

CIS wrote: »

Only if the tenancy was in a fixed term period or a fixed term which had carried on as a contractual tenancy. If the tenancy was in a periodic period the liability for council tax finished when he vacated the property.

Craig

hidden in post 6 above:

My current 6-month tenancy agreement expires on 31st January.

As an aside, surely in a periodic, if a tenant gives notice (the correct full tenancy period) are they not liable for the CT till that notice expires?