Leaving a rented house.

christie2501

Hello,

I have joined specifically for help with my current tenancy agreement ending and moving into a new property.

I pay my monthly rent in advance on the 26th of every month. We are due to leave the property on the 27th of April. Should I be paying my final instalment on 26th of April for the sake of a day? I understand that by the housing act it will need paying regardless of my moving date as I have entered another month but as you can imagine, this may be quite frustrating! I may also add that I am currently not under a contract as he did not renew the yearly contract in February with us.

I ask because my relationship with my landlord has ended quite sourly so any responses that suggest I talk to him wouldn’t help really. I feel he would ask for the 495 in spite.

Thank you!

anselld

You are still in contract and technically you will owe a month rent if you stay past a rent day (assuming your tenancy started on 26th of a month).

Talking was the only option really so if that is out of the question you will have the best part of a month for a leisurely move to the new property.

Can you not book a hotel for a night?

christie2501

Hi, thanks for your reply.

The LL is pretty set on us leaving the property on the 1st of May and no later so a leisurely move is out of the picture unfortunately. We can only move our belongings into the new property on the 27th as our new LL’s have the inventory booked on the 26th so we are pretty tied to these dates.

AnotherJoe

Somewhat contradictory message here. LL wants you out by 1 May but you seem to hint you'll need to pay a months rent??? Why would you do that if you are only there for a few days?

christie2501

That was my understanding too but after reading other forums they state that I would have to because I’m leaving partway through a month observed within the contract regardless of him asking for me out by the 1st of May.

Slithery

Ending/renewing an AST

saajan_12

christie2501 wrote: »

Hello,

I have joined specifically for help with my current tenancy agreement ending and moving into a new property.

I pay my monthly rent in advance on the 26th of every month. We are due to leave the property on the 27th of April. Should I be paying my final instalment on 26th of April for the sake of a day? I understand that by the housing act it will need paying regardless of my moving date as I have entered another month but as you can imagine, this may be quite frustrating! I may also add that I am currently not under a contract as he did not renew the yearly contract in February with us.

I ask because my relationship with my landlord has ended quite sourly so any responses that suggest I talk to him wouldn’t help really. I feel he would ask for the 495 in spite.

Thank you!

christie2501 wrote: »

Hi, thanks for your reply.

The LL is pretty set on us leaving the property on the 1st of May and no later so a leisurely move is out of the picture unfortunately. We can only move our belongings into the new property on the 27th as our new LL’s have the inventory booked on the 26th so we are pretty tied to these dates.

Lets start again. When is the tenancy ending and why? Is it:
a) Tenant served notice (either you're in a CPT and notice periods specified on agreement, or SPT and notice must expire at the end of a tenancy period, so 25th April or 25th May.

b) LL served notice & possession order from court (what date does that state)

c) Mutual agreement (then agree in writing: the end date, what happens to deposit, and what happens to final partial month rent).

d) It can't be anything else, pick a/b/c!

I'd suggest you get a mutual agreement and conditional on you paying 2 days rent upto 27th, or even 6days upto 1st May. If the LL refuses then say you can't be out by 1st May or indeed until they evict you (4+ months).

christie2501

It is looking like C. I tried to contact the landlord in December to ask that we leave the contract at the end of the February yearly renewal date however he missed our mutually agreed date and only returned to the property in February with a new contract which we explained we would not be signing. We asked that we stay until May 1st and he agreed. We didn’t really consider the rent payments until now.

I must add at this point I am not at all being awkward by not wanting to contact him. He has been quite inappropriate during the last year, turning up randomly at the property, he had let himself into the property without our consent and has sent me inappropriate text messages about “kissing me under the mistletoe” during the Christmas period.

Despite this, I decided to put my big girl knickers on and text him. He rang me explaining that I pay in arrears therefore the money I pay on the 26th of April will be my final instalment for the month of April and I will be allowed to stay in the property until the 1st of May as a gesture of goodwill. However, I paid the first months rent in advance followed by payments on the 26th of each month so does that not put me in advance? I’m quite confused about all of this!

Slithery

christie2501 wrote: »

It is looking like C. I tried to contact the landlord in December to ask that we leave the contract at the end of the February yearly renewal date however he missed our mutually agreed date and only returned to the property in February

To leave at the end of a fixed term you don't need to give any notice, but this is irrelevant now.

with a new contract which we explained we would not be signing.

Fair enough, that's your choice.

We asked that we stay until May 1st and he agreed.

Again, all irrelevant. As soon as you stayed past the end of the fixed term either an SPT or a CPT was created. Which one depends on your previous tenancy agreement.

We didn’t really consider the rent payments until now.

Well you didn't need to until the end of tenancy was approaching. Now is the correct time to start looking into it.

I must add at this point I am not at all being awkward by not wanting to contact him. He has been quite inappropriate during the last year, turning up randomly at the property, he had let himself into the property without our consent and has sent me inappropriate text messages about “kissing me under the mistletoe” during the Christmas period.

Creepy, but has no relevance to the issue at hand.

Despite this, I decided to put my big girl knickers on and text him. He rang me explaining that I pay in arrears therefore the money I pay on the 26th of April will be my final instalment for the month of April and I will be allowed to stay in the property until the 1st of May as a gesture of goodwill. However, I paid the first months rent in advance followed by payments on the 26th of each month so does that not put me in advance? I’m quite confused about all of this!

Again, why is the tenancy ending?
Because your LL has issued a valid S21 and then recieved a court order or because you've given correct notice in line with your tenancy agreement? If neither then you and the LL can negotiate any early surrender that both parties agree on.

All of this was explained in G_M's excellent link that I posted earlier, please read it.

christie2501

It’s ending because I said I wanted to move out. He gave us until 1st of May to leave the property but is asking for a full months rent but still insisting we leave the property on 1st of May. So in essence we are paying for 4 days.

Will have a read of the link thank you.

AnotherJoe

I don't see how that's a supportable position. Leave on 26th, pay pro rate or tell him you'll move out 26th May and he can feel free to start eviction proceedings.