Landlord wanting additional rent when I leave...

johnnybrando

Hi all,

Looking for some advice please...

I am buying a property. I rent currently, and moved into my rented property on 15th of the month a few years back. I intend to leave the 15th and have confirmed this with the landlord - hoping the house sale completes the a few days before this. The landlord has said his mortgage on the flat is paid on the 1st so the rent term runs from this date and not 15th. So effectively I pay 2 weeks behind and I will have to pay 2 weeks rent when I leave. Its through a friend of a friend so no paperwork (I know I know), but surely this cannot be right? His mortgage has nothing to do with my rent, right? I dont have bank statements dating back to the start but to pay through credit ladder on 15th - the virtual tenancy on there is 15th also. I've been the model tenant, never missed a payment and he has always been a decent guy but this just seems like he is trying to extort money from me which I dont owe. He has my deposit which I need back, so I need to be delicate with him. Helppppp...

John

anselld

Moved in on 15th, pay rent on 15th, rent day is 15th. You are correct, absolutely nothing to do with his mortgage.

Is your deposit properly protected?

theartfullodger

If tenancy started 15th it should end 14th.

Daft landlord

buggy_boy

theartfullodger wrote: »

If tenancy started 15th it should end 14th.

Daft landlord

If there is nothing in writing then definitely a daft landlord... I wonder if he is doing things like gas safety certificate, these sorts of cowboys give landlords a bad name.

[Deleted User]

If not a lodger but a tenant (you don't share facilities with the LL) then he should have protected the deposit. Is it protected? If it is protected you can go to the deposit scheme and ask for the full deposit back less any damages. Obviously leave the property in a clean condition and as you found it.

If it should be and it isn't you can take him to court for 1-3 times the deposit.

If your tenancy runs from 15th, you have to move out on the 14th otherwise you run into the next rental period and will owe another month's rent.

franklee

Did the tenancy start on the day you moved in? Without any tenancy agreement I assume it did. However do you have any records that was the date?

Assuming it was and that you pay rent monthly then your rental period runs from and including 15th to and including the 14th of the following month.

So you need to vacate on 14th.

If you stay to the 15th then technically you will owe another full period's rent. Unless your landlord has agreed otherwise.

As for this odd two weeks, you need to work out how many months you have been there and pay rent for that many months. To assist hopefully you have bank statements showing the payments you made or can go online and get them? This will hopefully show how the payments went at the start. Could it be you didn't pay for the first two weeks?

Hopefully your landlord has bank statements to check also.

If no one has any records then you are both at fault! Hopes it wasn't done cash in hand.

G_M

johnnybrando wrote: »

...I rent currently, and moved into my rented property on 15th of the month a few years back.
1) as a tenant or lodger? Is this an AST?
2) date you moved in is irrelevant. What date did the tenancy start?
3) what was the agreement regarding period of tenancy 6 months? No fixed term - so 'periodic'? If fixed term and it ended, what then happened?

I intend to leave the 15th and have confirmed this with the landlord
Confirmed in writing? How much notice did you give?

Assuming the answer to 2) above is the 15th, and 3) above is 'periodic', this may complicate the legal situation.

You should leave on the 14th to avoid commencing a new 'period', and owing rent for that full period

.....The landlord has said his mortgage on the flat is paid on the 1st so the rent term runs from this date and not 15th.
The landlord's mortgage is irrelevant. I repeat question 2) above: what date did the tenancy start?

Assuming the tenancy started on the 15th, and you paid the first ret on the 15th, then each rent payment covers the period 15th to 14th.

You need to clarify.


So effectively I pay 2 weeks behind and I will have to pay 2 weeks rent when I leave.
See above.
...... I dont have bank statements dating back to the start but to pay through credit ladder on 15th - the virtual tenancy on there is 15th also.
So you can prove (if required)
* start date of tenancy
* each rent payment

......He has my deposit which I need back,

Assuming this is a tenancy (you are not lodger), is tthe deposit registered in a scheme? see

* Deposits: payment, protection and return