Help working out last rent payment?

maryeta

Hi there,

We finally exchanged last Tuesday 23rd :T and as it happens, my landlady was coming to the flat we are renting so we served notice in person, leaving on the 24th August.

Now, our original contract started on the 10th June 2015 (so the term being the 10th to the 9th the following month); this was then turned into a periodic tenancy with a new written agreement between landlord and us about us giving one month’s notice and so we did.

She accepted the notice and her agent has now put the property on the market as being available from the 24th August. When it comes to paying for this last month, as our contract started on the 10th of the month and then rolling, should we just be paying for the 14 days from the 10th August until the 24th?

Somehow I have the feeling she is still expecting the full month’s rent but if that was the case... then surely we would keep the keys until the 9th September? We get the keys to our new house on Wednesday and mortgage might also come out this month so just trying to work out logistics.

Anyone with experience on rental terms and last payments? The contract did not have a clause about it and they still have a month’s and a half deposit as well.

Thanks!
Mar!a




This community has been so helpful during the whole process of us buying a house a first time buyers so I’m hoping we can get some help with the last piece of the puzzle.

AFF8879

Firstly, congrats on exchanging!

It’s impossible to say definitively without seeing your tenancy agreement, but rent is normally charged per calendar month and is not able to be apportioned. So I would expect you to be liable for the full amount.

That said, as you have already stated you are more than within your rights to occupy the property until the full term expires in September. Speaking from experience, having a couple of weeks crossover between leaving a rented property and moving into your first purchased home is invaluable - it would be super stressful to have to pack everything up, move out of the rental and into your new home all on the same day.

maryeta

Thanks so much for your quick reply and for the cingrats, it has been an stressful time, I’m not going to lie!

We get the keys next Wednesday 31st July which means we will already have 24 days overlap which should be plenty.

If they are going to have someone living there from the 24th August as they are advertising, then surely they can’t have it both ways and have our money plus the new tenant’s money for the same period?

If so then I don’t understand the concept of giving 1 month’s notice and them accepting the date you suggested if it will default to the 10th-9th period? Oh I’m so confused 😓

Maybe we can ask or suggest paying for the 24 days of the month instead (even though technically we have already paid until the 10th?).

Chances are they probably won’t find a tenant to start on the 24th so if I say I keep the keys until the 9th September they probably won’t even be bothered...

Thanks for the input so far!

diggingdude

I would suggest that you pay for the full month but negotiate with landlord and estate agent that if someone wants to take on the property earlier you would be happy to surrender it in exchange for returned rent

G_M

maryeta wrote: »

...... so we served notice in person, leaving on the 24th August.
normally valid notice must be served in witing to a specified addres.


Now, our original contract started on the 10th June 2015 (so the term being the 10th to the 9th the following month); this was then turned into a periodic tenancy with a new written agreement between landlord and us about us giving one month’s notice and so we did.
That suggests a Contractual Periodic Tenancy. Whar was the exact wording eg "one calnder months notice"? "One months notice"? "One months notice aligned with tenancy periods"? Or what?


She accepted the notice
* in writing?
* to end the tenancy on the 24th?
* with rent apportioned?


If she ageed the above, then a surrende has been agreed on that basis. However, I suspect she did not do so in wriing nor on those catagoric terms (ie she informally and verbally noted your wish to leave......). Yes or no?





and her agent has now put the property on the market as being available from the 24th August.

that would re-affirn the agreed end date as 24th.

When it comes to paying for this last month, as our contract started on the 10th of the month and then rolling, should we just be paying for the 14 days from the 10th August until the 24th?
Yes if the 24th is the agreed end date and rent apportionment was agreed.


Somehow I have the feeling she is still expecting the full month’s rent but if that was the case... then surely we would keep the keys until the 9th September?

it's unclear what you agreed.


.

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maryeta

G_M wrote: »

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Hi there,

You really helped us a lot in the other thread I started to understand this was a new contractual tenancy as they offered so at the end of the fixed term one!

The notice was served with an official notice to quit letter which had the address of the landlords and was going to be posted but as it happened they came that day to take pictures so I handed it in instead, with a witness (which is her estate agent as they came to take pictures because we had given them a heads-up).

She read it there and then, and then the estate agent clarified that would it mean all clean and ready by the 24th for other people to start living in etc. and I said yes, even earlier likely if it suit them best and found a tenant so they have now put it on the market with a moving date of 24th August. I also said that the email did not specify anything other than 1 month’s notice so we were serving notice in accordance with that.

We didn’t mention any apportioned rate in the letter, just the day our last day was and that we were fully available for viewings and to attend the inspection, etc.

The wording they gave by email was vague and definitely did not specify calendar month or rental period:

“You would give us at least 1 month's notice of your intention to leave and we as the landlords, would need to give you two month's notice to vacate if we wanted the property back for any reason (but don't worry we are happy to have you as tenants as long as you are happy in the flat!)”.

So I said it just said one month and so we were giving them a month and she didn’t say otherwise, she asked us to get some keys cut and that’s about it.

So where do we stand if she did not explicitly “agreed” or “disagreed” in writing? Surely if they are advertising the property from the 24th August they can’t expect full payment for the term until 9th September and us giving the keys back free of charge 15 days in advance?

As far as we are concerned, they did not specify contract month’s notice and did not say “no” when I handed in the notice and they have put the property up to be rented from the day we said we were vacating the property.

Should we just email them to ask what they suggest in terms of pro-rating this month?

Thanks! :beer:

G_M

Dear Mrs Landlord,


Just a quick note confirming our conversation and letter of last Tuesday 23rd when you accepted our notice to end our tenancy on the 24th august.



As you know, we will be purchasing a property and therefore moving on, but would like to thank you for being such a good landlady over the time we have been in the property (smooch smooch!).



I see that the property is being advertised, as available from the 24th, and I quite understand that you will want to show prospective tenants round. At the same time I'm sure you will appreciate that we will be somewhat hectic preparing for our purchase.But we will, of course, facilitate viewings provided you or the agents can give us advance warning.


Because of the state of the property during this finalmonth while we are packing, we would prefer (not?) to be present during viewings(you decide!), soplease check with us in advance. The best times for viewings would be between xx and yy on weekdays/weekends/whatever. We can be contacted on 07xxx xxxxxx.


I have calculated the final rental payment due on 10th August as being being 14 days (10th - 24th) at £X per day, based on the monthly rent of £Y / 31 days, and will therefore transfer the final rent payment of £Z on the 10th. I trust this is satisfactory.


Please do not hesitate to get in touch if you have any queries, and I wish you a speedy re-letting following the 24th.


Yours sincerely,


Maryeta