How much rent to pay on leaving?

jasdev

I'm renting a room in a shared house under an (individual tenancy agreement) assured shorthold tenancy, and we were all given 3 month's notice on 27/11/2017 by email as landlord requires property back due to changed personal circumstances.

I've found a new place to move into, and have been corresponding with the landlord to find out if they'd be willing to accept a pro-rata sum of rent for the first four days of February before I hand over the keys.

The landlord has asked for 1/2 a month's rent - I've gone back and asked if they'd be willing to accept one week's, given the additional cost I'd bear of paying rent on a new place simultaneously, but I've heard nothing back.

What could or should I pay?

P.S. if it makes any difference at all, I believe (under my reading of the law) that the notice served was invalid, as I was not advised that my deposit was placed in a protection scheme at any point since I paid it, among other things. Also, I have never been in rent arrears to date.

G_M

jasdev wrote: »

I'm renting a room in a shared house under an (individual tenancy agreement) assured shorthold tenancy, and we were all given 3 month's notice on 27/11/2017 by email.

Why leave?

His notice appears to be invalid unless

1) the email incorporated a S21 Notice and

2) you had specifically agreed to to accept notice by email

* 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?

Voyager2002

jasdev wrote: »

I'm renting a room in a shared house under an (individual tenancy agreement) assured shorthold tenancy, and we were all given 3 month's notice on 27/11/2017 by email as landlord requires property back due to changed personal circumstances.

If you have an individual tenancy agreement for accommodation that is not self-contained, I doubt whether it is a valid AST. Check with Shelter.

jasdev

Thanks for the prompt response(s)!
At this stage, as I've found a new home and paid my deposit, plus established a standing order to pay rent to my new landlord, I'm ready to move on.

I'd like to leave without burning bridges (perhaps I'll need a reference at some point) hence the offer to pay a pro-rata rent of 1 week. I just don't know (without seeking legal advice) whether that's going to land me in hot water.

G_M

Voyager2002 wrote: »

If you have an individual tenancy agreement for accommodation that is not self-contained, I doubt whether it is a valid AST. Check with Shelter.

Not true.

(unless sharing with the landlord whic does not seem to the case since "we were all given 3 month's notice".)

gycraig_2

I!!!8217;d put a bit of pressure on tbh say it will take 10 months to get you out legally, you are happy to surrender your tenancy in exchange for only paying till the day you leave.

pramsay13

I'm not understanding the dates.
3 months' notice from 27/11/17 takes us to 27/02/18 but you seem to be saying you will hand over keys on 04/02/17.
If you've offered to pay a week's rent to cover the four days in February I think that is fair.
I understand not wanting to burn bridges but you can still expect to be treated fairly.

saajan_12

Legally, the tenancy can only be ended by he the tenant or a court.

1. Court -> LL must serve valid notice, apply for and get a possession order
   
2. Tenant -> You serve valid notice (usually 1 tenancy period if on a SPT); or
3. Tenant -> You mutually agree with the LL to leave on a certain date

Its important to terminate as otherwise the LL is at risk of you refusing to move out or claiming illegal eviction. You are at risk of the LL demanding rent beyond February and blaming you for things that happened after you move out.

It sounds like (1) and (2) haven't happened, and it is in both your interests to leave earlier. That leaves (3) so make sure you get in writing

- Date the tenancy terminates
- All your obligations toward the property end on that day (e.g. bills, maintenance etc)
- Rent due
- What happens to deposit

jasdev

saajan_12 wrote: »

Legally, the tenancy can only be ended by he the tenant or a court.

1. Court -> LL must serve valid notice, apply for and get a possession order
2. Tenant -> You serve valid notice (usually 1 tenancy period if on a SPT); or
3. Tenant -> You mutually agree with the LL to leave on a certain date

Its important to terminate as otherwise the LL is at risk of you refusing to move out or claiming illegal eviction. You are at risk of the LL demanding rent beyond February and blaming you for things that happened after you move out.

It sounds like (1) and (2) haven't happened, and it is in both your interests to leave earlier. That leaves (3) so make sure you get in writing

- Date the tenancy terminates
- All your obligations toward the property end on that day (e.g. bills, maintenance etc)
- Rent due
- What happens to deposit

I have in writing, via text message, the leave date (including response from landlord OKing it).
Checks for wear & tear taking place Sunday but have previously notified about any which were my fault so nothing else I can foresee being raised.
Rent due - sticky point between my landlord and I
Deposit - I'm hoping they won't withhold some of the deposit to make up for the rest of the rent they wanted paid.

G_M

jasdev wrote: »

I have in writing, via text message, the leave date (including response from landlord OKing it).
That might be enough to constitute an agreement for an Early Surrender between you and the landlord.

However it was extremely unwise (on both sides) to have agreed this so informally, and without specific details, as suggested by Saajan_12 above.

Rent due - sticky point between my landlord
A vague agreement to end on X date, without agreeing rent can lead to disputes, as you now find.

Do you pay rent monthly? On what date?

Unless agreed otherwise, rent is indivisible. That is, the full rent for the coming month is due on the rent due date. There is no obligation on the landlord to make a refund. Nor can a reduced rent be paid on a pro rata basis unless that has been agreed.
.

Deposit - I'm hoping they won't withhold some of the deposit to make up for the rest of the rent they wanted paid.

The landlord can use the deposit to cover any rent that is unpaid.

jasdev

Ah, okay. I guess I'll pay the two week's rent he's asked for then, and respond with a note letting him know (and asking if he'd be gracious enough to return a sum together with my deposit).

In my notifying him of the leave date, I did ask about paying a pro-rata rent, which he ignored in his response to me. I had to chase him seperately regarding a reduced rent to get a response.
I guess it's too late to worry about anything like that now!