Last month rent payment

saajan_12

James-may said:

I gave my landlord notice on 14th of last month, I'm on a rolling monthly contract after my fixed term ended 7 years ago.

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James-may said:

anselld said:

As far as contract is concerned rental months are not divisible so if you leave mid-month you are not due a 2 week refund.  Likewise you should not have given notice if your completion date may fall through since your notice cannot be recinded by you unilaterally.

If you have specifically agreed something different with the Landlord fair enough, but it should be in writing and it seems unlikely that they would be asking for it to be paid only to be returned.

As far as wishing to retain deposit is concerned, that is where the deposit scheme protects you.  Take pictures when you leave.  It is up to the L to justify fair deductions based on damage which can be evidenced.  They cannot retain funds just because they have incurred necessary repair costs.

If it's the case that a whole callender month must be paid for then I may as well hold on to the keys til end of the month....if only to stop the landlord from making additional money out of it by letting to someone while still receiving my rent.

Thanks for the reply.

Please confirm what dates your rental periods run, and what date you served notice. Also what does your last contract say - are you on a SPT or CPT and what are the terms? 
Reason for asking is on a SPT, notice has to be a full tenancy period. On a CPT, its whatever the contract says - it might allow notice mid period, and it might allow pro rata rent. 

Legally,
If your notice is valid (ie under a CPT) then you must leave on that date - you can't unilatterally change it to the end of the month, regardless of what rent you pay. 

Practically, 
You say you have a reasonable relationship with your LL, so it likely won't come to the above. Just get in writing that they'll pay back the pro rata rent, and then pay the full amount at the start. That way you stay on side and its more likely that you save the most rent overall. 

canaldumidi

You would be wise (indeed foolhardy not) to get confirmed in writing between you any mutually agreed change to what is required either by statute law or contract law eg

Tenancy notice/end dates

Rent due

etc

MaryNB

James-may said:

anselld said:

As far as contract is concerned rental months are not divisible so if you leave mid-month you are not due a 2 week refund.  Likewise you should not have given notice if your completion date may fall through since your notice cannot be recinded by you unilaterally.

If you have specifically agreed something different with the Landlord fair enough, but it should be in writing and it seems unlikely that they would be asking for it to be paid only to be returned.

As far as wishing to retain deposit is concerned, that is where the deposit scheme protects you.  Take pictures when you leave.  It is up to the L to justify fair deductions based on damage which can be evidenced.  They cannot retain funds just because they have incurred necessary repair costs.

Any completion can fall through, how does anyone move from a rental to a purchase when giving notice?

If it's the case that a whole callender month must be paid for then I may as well hold on to the keys til end of the month....if only to stop the landlord from making additional money out of it by letting to someone while still receiving my rent.

Thanks for the reply.

I moved from a rental to a purchase. It was during the second lockdown and exchange and completion on the same day were very common due to concerns re covid.  I had to budget for an overlap of up to 2 months - e.g. I exchange on the 2nd of the month but because my AST runs from the 1st I'd be giving notice for the end of the following month. 
Luckily it was only 5 weeks. 

It's a lot of money but if completion had fallen through there was a big risk I wouldnt be able to get the landlord agree to let me rescind my notice. There was already another tenant lined up. If it had fallen through or been delayed it would cost me a lot more in short term rentals. I wouldn't want to be tied into another min 6 month AST if I'm trying to buy somewhere

If he has accepted your notice saying you will leave on the 14th, you are not entitled to stay until the end of the month unless he agrees. You tenancy, and hence right to reside at the property, will end on the 14th. Otherwise you will be seen as trespassing and he may be able to charge you double rent.