Rent in Advance

Big_Nose

Hi, I've paid monthly rent in advance as stated in my contract. It also states I only need to give one weeks notice to leave which I have given. However as I pay one month in advance I still have 2 weeks left which I have paid up front. Will I get this back? Landlord claims not as rent includes council tax and utilities which he has already paid for the month. Would appreciate any advice on this before taking it further. Many thanks.

Pixie5740

Do you live in the same property as your landlord?

I don't see why you would be responsible for paying rent, utilities and council take for a period of time after your contract has ended and you have moved out. Your landlord sounds like a chancer.

Big_Nose

Hi Pixie thanks for the reply. Yes I live in the same property I just rent a room from him. I've given a weeks notice as stated in the contract however I pay monthly in advance and still paid up for another 2 weeks.

Guest101

Big_Nose wrote: »

Hi Pixie thanks for the reply. Yes I live in the same property I just rent a room from him. I've given a weeks notice as stated in the contract however I pay monthly in advance and still paid up for another 2 weeks.

Irrelevant what he or she has paid already.


You simply move out, issue letter before action and then small claims court


(however it would help to know the T&Cs of your lodger agreement)

saajan_12

If your rent is inclusive of bills, then what the LL has already paid out may have cash flow implications meaning they refund rent later, but has nothing to do with whether the rent refund is due - that depends on your agreement.

Please quote the terms of your agreement relating to rent payments and notice, but I would presume that if you have served valid notice to terminate the contract then LL shouldn't get (keep) rent for any time after the termination and the month's rent was, well for a month. So the rent should be pro rata'd and overpaid rent should be returned.

The agreement to pay rent monthly may be to manage cash flow so the LL can pay other bills monthly - hence it may be fair for the LL to refund you a little later (few weeks) but they should be able to cover their house bills during voids.. What if you'd served notice to end in line with your previous rent payment.. the LL would still have had to pay council tax etc without receiving any rent the next month.

(I have heard monthly rents are not divisible, if you stay for a day you stay for the whole period, but I haven't seen any source for this. In that case, I think it would be classed an unfair contract if the LL could collect 1 months rent and the next day, serve 1 week notice and keep an extra 3ish weeks of rent. )

Big_Nose

Thanks for the replies. The contract states:

"The weekly charge is 100 paid monthly in advance. Council tax and utilities are included in the monthly rent. One weeks notice period can be given by either party. No other services are included in the weekly charge."

I have given the one week notice but ive already paid for the month which will leave two weeks outstanding that ive paid for.

Guest101

Big_Nose wrote: »

Thanks for the replies. The contract states:

"The weekly charge is 100 paid monthly in advance. Council tax and utilities are included in the monthly rent. One weeks notice period can be given by either party. No other services are included in the weekly charge."

I have given the one week notice but ive already paid for the month which will leave two weeks outstanding that ive paid for.

Which actually helps you, because the rent is calculated weekly anyway, not monthly, it's just paid monthly, but the rental periods are in weeks

theartfullodger

Disagree. As contract states rent payable monthly it's a monthly contract.

Weird that only 1 week's notice required.

Stupid Landlord.

Agreed, move out, sue for money owed

Guest101

theartfullodger wrote: »

Disagree. As contract states rent payable monthly it's a monthly contract.

Weird that only 1 week's notice required.

Stupid Landlord.

Agreed, move out, sue for money owed

I'm not convinced (and we normally agree so there must be a reason )


If the rent is monthly, why is the cost £100 per week? Why not £400 (or specifically £433) per month?

Big_Nose

The contract does seem to be poorly written. The room was originally advertised as weekly payment but I asked if I could pay monthly so he adjusted the contract.

saajan_12

theartfullodger wrote: »

Disagree. As contract states rent payable monthly it's a monthly contract.

Weird that only 1 week's notice required.

Stupid Landlord.

Agreed, move out, sue for money owed

No. How rent is paid is irrelevant. Can have e.g. for an AST,
- monthly contract with 6 months rent paid upfront. Still a monthly contract so the subsequent periodic tenancy has 1 period = 1 month notice
- monthly contract starting 25th Jan, with periods 25th - 24th of next month, but rent payable on 1st to align with wages/bills and pro rata amounts paid for the first few days and last few days. Tenancy periods are still 5th - 4th.

The fact that in OP's case, the rent is quoted as a weekly figure, it sounds like weekly periods.