Contract terms - they can't take another months rent can they?

Comms69

Phantele wrote: »

Thanks for all the helpful replies.

This tenancy started on the 28th April 2018 and states £money per calendar month payable in advance on the 28th day of every moth during the term of the tenancy (so 28th August payment should cover me to 28th Sept??)

It sounds like I thought in that everything is a bit messy, they're not terribly efficient and so are throwing phrases to hope I just pay up. I have paid the rent owed and will raise a dispute with the deposit scheme if it comes to that.

Yeah obviously I should have had money in my account- thanks for that.

Thanks again

It should but you’re liable until October if it’s 6 months.

Pixie5740

Your tenancy periods run from 28th to 27th. 28th to 28th would be 1 month + 1 day.

If your 6 month fixed term started 28th April that means it ends 27th October with the following rent payments:

1. 28th April
2. 28th May
3. 28th June
4. 28th July
5. 28th August
6. 28th September

Unless what you quoted earlier was a break clause.

hb2

I assume, although it is not entirely clear, that the LL/LA is refusing to accept an early termination of the contract, rather than refusing to accept properly served notice.

Phantele

Ok. I know other people have left the same contact early with seemingly no problem so I’m assuming the one month notice thing does work. Just they seem to be basing it on the act I was late with the August payment.

The one month and one day thing I hadn’t considered though. Definitely a mistake on my part. I’ve asked them for handover of keys on 21st anyway so we’ll see...

pinkshoes

Phantele wrote: »

Thanks for all the helpful replies.

This tenancy started on the 28th April 2018 and states £money per calendar month payable in advance on the 28th day of every moth during the term of the tenancy (so 28th August payment should cover me to 28th Sept??)

I think you need to re-do your maths...

If the tenancy started on the 28th April then the end of the fixed period would be 27th October.

You are therefore liable for rent until then.

They have quite rightly declined your notice as it is incorrect and still within the fixed period.

Apologise, tell them your notice should have stated 27th October, and then pay the late rent plus £30 admin fee.

G_M

TERMINATION
The Landlord may give ........

The Tenant may give not less than 1 months prior written notice at any time to end this agreement provided that such notice must expire on the last day of a rental period and must not expire sooner than 1 months from the start of the tenancy.

This appears to be a Break Clause. Admittedly an unusually flexible one, but nonetheless provided the OP serves notice in accordance with it there is no requirement to see out the Fixed Term.

Phantele

I understand that if it was a fixed term contract then I wouldn’t be able to leave, but does a fixed term contract say anything about being able to leave at any point? Nothing to do with re-doing maths, no need to be so rude.

It looks like it’s a break clause as people are saying.

Thanks

Phantele

Also I think it’s flexible because they increased the rent on 86 flats by about 46% with a months notice so they knew people were going to leave, they were just trying to retain income for as long as possible

sheramber

According to this https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_deductions_your_landlord_can_make

The landlord can deduct unpaid rent from your deposit.

Phantele

It’s not unpaid rent though. It is essentially a £550 charge. I have paid the rent up til 27th September and have already moved out. The keys will be handed over ASAP