Is it normal for your deposit to be used for another months rent even if your tenancy ends before?

JustAGuyWithQuestions

Yesterday (25th) I asked to terminate my tenancy for the 25th of next month, the letting agency said it will be terminated on the 1st of the following month, which essentially means that I will have to pay for a full months rent. I asked, clarifying if that means I will have to be pay the following months rent and they simply said "yeah". Is this normal? If so, what's the point in telling you your deposit will given back to you at the end of your tenancy if it's just used for another months rent? 

Thanks. 

bolwin1

Are you in a fixed term tenancy agreement (usually a 6 or 12 months agreement), or are you on a periodic tenancy, where only one month notice is required ? The rules vary depending on the type of tenancy. If the former, you'll need to check the dates & what it says on the agreement re early termination. 

TheMightyShowerHead

In your tenancy agreement it will (probably) say that notice should be served on a specific day of the month to end that day the following month. Your deposit should be returned minus any deductions. 

What is the date it states in your agreement to serve notice? It's usually the date your rent is due. 

Was your deposit correctly registered in a protection scheme?

Are you in England/Wales or Scotland?

JustAGuyWithQuestions

bolwin1 said:

Are you in a fixed term tenancy agreement (usually a 6 or 12 months agreement), or are you on a periodic tenancy, where only one month notice is required ? The rules vary depending on the type of tenancy. If the former, you'll need to check the dates & what it says on the agreement re early termination. 

The min term of my tenancy is 6 months, I moved in on the 30th Sept last year so it's been more than 6 months and is now (should be) a rolling tenancy. 

Slithery

JustAGuyWithQuestions said:The min term of my tenancy is 6 months, I moved in on the 30th Sept last year so it's been more than 6 months and is now (should be) a rolling tenancy. 

30th Sep +6 months takes you to 29th March so not yet 6 months...

To find out what notice is required please read...

Ending/renewing an AST

canaldumidi

Slithery said:

JustAGuyWithQuestions said:The min term of my tenancy is 6 months, I moved in on the 30th Sept last year so it's been more than 6 months and is now (should be) a rolling tenancy. 

30th Sep +6 months takes you to 30th 29th March so not yet 6 months...

To find out what notice is required please read...

Ending/renewing an AST

Did you 'move in' on 30th Sept, or did your tenancy start on 30th Sept (not always the same thing)?

But provided you leave on/before 29th March, then

a) the tenancy willend on 29th March

b) you do not need to serve any notice to end the tenancy

c) however if your tenacy agreeement says you need toserve notice, you could in theory be charged for an consquential losses the LL incurs as a result of your breach of contract. This does not affect the ending of the tenancy, just allows the LL to claim his costs - which in reality would be almost impossible for him to prove.

Note that if you do not move out on/before 29th March, you will create a periodic (rolling) tenancy, and will then have to re-serve notice (as you current notice relates to the fixed term not periodic tenancy).

theoretica

Sounds like the letting agency are saying you have not given them as much notice as you were required to, and for notice given yesterday the soonest they think it can expire is the 1st May (which surprises me, as I would have expected the 29th of some month from what you say).   

But is there simply a confusion over which month they were talking about the rent for - paying the full rent for April would be expected, but did they explicitly say that the tenancy would end on the 1st May, but they would charge you rent for the whole of May?

canaldumidi

theoretica said:

Sounds like the letting agency are saying you have not given them as much notice as you were required to, and for notice given yesterday the soonest they think it can expire is the 1st May (which surprises me, as I would have expected the 29th of some month from what you say).   

But is there simply a confusion over which month they were talking about the rent for - paying the full rent for April would be expected, but did they explicitly say that the tenancy would end on the 1st May, but they would charge you rent for the whole of May?

Agency is more than confused.

Assuming this is England, and is a 6 month fixed term from 30th sept to 29th March, OP can simply end the tenancy by leaving when the fixed term ends. On 29th March.

All this analysis of 'notice' is a red herring.

Having said that, OP muddied the waters by saying "so it's been more than 6 months and is now (should be) a rolling tenancy. ".

Clarification/evidence needed on this point.

saajan_12

canaldumidi said:

theoretica said:

Sounds like the letting agency are saying you have not given them as much notice as you were required to, and for notice given yesterday the soonest they think it can expire is the 1st May (which surprises me, as I would have expected the 29th of some month from what you say).   

But is there simply a confusion over which month they were talking about the rent for - paying the full rent for April would be expected, but did they explicitly say that the tenancy would end on the 1st May, but they would charge you rent for the whole of May?

Agency is more than confused.

Assuming this is England, and is a 6 month fixed term from 30th sept to 29th March, OP can simply end the tenancy by leaving when the fixed term ends. On 29th March.

All this analysis of 'notice' is a red herring.

Having said that, OP muddied the waters by saying "so it's been more than 6 months and is now (should be) a rolling tenancy. ".

Clarification/evidence needed on this point.

This is assuming the tenant wants to leave immediately.. from the OP:

JustAGuyWithQuestions said:

Yesterday (25th) I asked to terminate my tenancy for the 25th of next month,  ...

OP, please clarify 
1) tenancy start date
2) tenancy fixed term end date
3) when you want to leave ideally (including removing all possessions and cleaning) 
4) what the contract says about notice at the end of the fixed term
4) what the contract says about what happens after the end of the fixed term