How to safely end a rolling periodic tenancy mid-term?

tornado99

I am on a rolling monthly periodic tenancy continuing on from an AST. My term starts/ends on the 10th of each month. I want to move out towards the end of August. How should I handle the final rent payment which would only be for approx. 15 days?

I should add that my landlord has a poor reputation, and I don't want to pay the August rent in full with a promise to return some of it. I can predict I wouldn't get anything back!

It seems my two options are:

a) Move out on 9th August

b) Move out towards the end of the August and get the landord to confirm (via email?) that I will reduce the August rent to only cover the final 15 days.

Any advice? If I go for b) I need to make sure that it is legally watertight and the landlord can't play any tricks.

anselld

There is no obligation for the L to split the month so you can only ask nicely.

grumiofoundation

Are you on a statutory periodic tenancy (you will be if no mention of there being a contractual periodic tenancy in your contract).

In the event you are on a SPT notice will need to expire on first or last day of tenancy term.


You can discuss with landlord about mutually agreeing to end tenancy early, as above there is no obligation for landlord to agree. 

https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy/how_much_notice

tornado99

Yes, of course it is dependent on them agreeing. I am just worried that (given their reputation) they might say yes via email, and then change their minds in August or some other trick. It seems to be a bit messy to end mid-term from a legal standpoint.

yksi

Email would be considered their agreement in writing, so if they say yes in an email you're good to go.

grumiofoundation

tornado99 said:

Yes, of course it is dependent on them agreeing. I am just worried that (given their reputation) they might say yes via email, and then change their minds in August or some other trick. It seems to be a bit messy to end mid-term from a legal standpoint.

But in that case you would surely just pay the partial rent.

If they then turn round and say “you owe”you tell them to jog on. 

They might try and claim via deposit scheme or much much less likely via court and either way you produce email with their agreement.

tornado99

I have received an email saying they agree to a lower final rent, but the wording is woolly as to whether I am expected to pay in full and hope for a part refund, or pay less.

I am still tempted to get them to sign an addendum with clearer wording. Is there any kind of pro forma floating around for this situation?

dimbo61

Why would the Landlord sign any kind of addendum !
You are asking for a discount off your final month's rent 
Why not move out on the 9th of August having given your notice.
Go stay at a nice hotel or with family rather than relying on the good nature of this LL with a poor reputation

pinkteapot

They're not going to sign anything. If their email is unclear, just reply and say "Thank you for letting me pay for part of the month. Please can you confirm what my final rent payment should be for the period to 10 to XX August?" (where XX is the date you're leaving). Let them tell you how much to pay, then pay it. Simple! 

If you're not happy with the cost then leave on 9 August instead. 

theartfullodger

tornado99 said:

I am on a rolling monthly periodic tenancy continuing on from an AST. My term starts/ends on the 10th of each month. I want to move out towards the end of August. ............

Not quite: Periodic tenancies run 10th to 9th.  

Two options..

Negotiate a early surrender any time/date (eg this afternoon at 16:53) with landlord, both sign deed of surrender. or....
- serve your valid Notice to quote expiring 9th or 10th, but you MUST depart by end 9th, having returned keys and not left any items of yours.

tourist4ever

If you know what date you are leaving you can calculate the rent yourself  and only pay up to the date you have mutually agreed to leave

monthly rent x 12 / 365 is daily rent. then multiply by as many days you are staying.