Rent in Section 21 Period

ClaretHead

Landlord has given Section 21 notice - asking for tenant to vacate on 21 November 2022

Tenant has agreed to leave before November 21.

Next rent is due October 28 - for period October 28 - November 27

Should tenant pay full month or part period? (i.e. October 28 - November 21) 

theartfullodger

Part period.  Are you landlord, agent, tenant, solicitors, student?

Tenant should have agreed to leave before 21st subject to a bung.  If he'd dug heels in it would (assuming notice valid - many are not) take about another 4-6 months , months, costs, worry etc etc.  I'd want £5k, but I'm greedy (guess what I am...)

ClaretHead

I'm the tenant. pretty cheesed off that we have put up with viewers and surveyors while he was selling the property, now he wants the full rent for the final period.

ClaretHead

We've found a much nicer place to rent, same price bit larger, nicer area, a bit further away from work, but seeing as we are all working from home these days, not a problem!

theartfullodger

ClaretHead said:

I'm the tenant. pretty cheesed off that we have put up with viewers and surveyors while he was selling the property, now he wants the full rent for the final period.

You didn't have to agree to viewers or surveyors 

Greedy unpleasant landlord you have, sorry.

Artful: landlord since 2000

ClaretHead

Thanks Artful,

Having rented In Singapore, where we got charged for a new oven for a 2 mm scratch on the door of the old one, we're not too stressed, and are reasonable people. but don't want to be ripped off here by a greedy amateur landlord (who is protesting poverty but has a new BMW 5 series)

jonnydeppiwish!

I’d just politely tell him that you’re not moving until after Christmas. If he wants you out earlier, then he’s welcome to pay you some cash or ignore the last rent payment.

Maxwell008

You don't have to put up with viewers and surveyors while he was selling the property you had a choice. .
As for full rent for the final period that's just a No No.

Jonny why stay beyond Xmas when landlord has requested the tenant move on..
It's not personal it's just business.

saajan_12

ClaretHead said:

Landlord has given Section 21 notice - asking for tenant to vacate on 21 November 2022

Tenant has agreed to leave before November 21.

Next rent is due October 28 - for period October 28 - November 27

Should tenant pay full month or part period? (i.e. October 28 - November 21) 

What exactly was agreed with the bit in bold - what would the last date and final rent be? 

In the absence of a specific agreement to terminate early, you have an ongoing tenancy agreement (into December or beyond!)  You have to continue to pay rent (so the full amount on 28Oct, and possibly again on 28Nov). You can serve notice to terminate this obligation after your notice period (check your agreement for how long) or wait to be evicted by a court. For the LL to evict, they would need to apply to court after 21st Nov, and wait for their possession date. Or you can mutually agree something. 

Thats the legal position. Practically, I'd suggest you propose a mutually convenient date to terminate, specifying what happens to the final rent, deposit, etc. Explain that if you can't come to an agreement then you'll have to lose this property, wait for another while the LL goes through the court process.  Then it's a game of bluff, particularly if you;re also worried about losing another property. 

[Deleted User]

jefoster said:

ClaretHead said:

Landlord has given Section 21 notice - asking for tenant to vacate on 21 November 2022

Tenant has agreed to leave before November 21.

Next rent is due October 28 - for period October 28 - November 27

Should tenant pay full month or part period? (i.e. October 28 - November 21) 

Hey, I hope you don't mind me contacting. My name is Jess. I'm a Casting Producer working on a brand new BBC documentary series about young renters and the housing crisis. We want to hear from young people fighting to stay in their homes this winter, and those who have been threatened with eviction.

We feel like now more than ever, it's an important time for people to have the opportunity to tell their stories!

If you’ve got a story to tell, or for a no obligation chat, please email us at evictions@truenorth.tv

Thank you so much, Jess

I am curious. OP has already stated that he has found a better place to live. That isnt going to fit well with your pre decided narrative of eviction and freezing to death on the streets....

propertyrental

The S21 may or may not have been valid. We don't have nearly enough information.
When was it served for example? If later than 21 Sept it was invalid, but many other factors could invalidate it too.

But either way, if you wish to leave earlier eg November 20th, then you must either
1) serve valid notice yourself, or
2) mutually agree a tenancy surrender date.
If 1) above, since rental periods are indivisible, rent is due for the full rental period (Oct 28 - Nov 28)
If 2) above, it is whatever you mutually agree (ideally in writing to avoid misunderstandings!)
The exception would be if you ended the tenancy in line with the S21 date (Nov 21). The Deregulation Act 2015 S40 says:

(1)A tenant under an assured shorthold tenancy of a dwelling-house in England is entitled to a repayment of rent from the landlord where—

(a)as a result of the service of a notice under section 21 the tenancy is brought to an end before the end of a period of the tenancy,

(b)the tenant has paid rent in advance for that period, and

(c)the tenant was not in occupation of the dwelling-house for one or more whole days of that period.

(2)The amount of repayment to which a tenant is entitled under subsection (1) is to be calculated in accordance with the following formula—  RxD/P

where—

• R is the rent paid for the final period;

• D is the number of whole days of the final period for which the tenant was not in occupation of the dwelling-house; and

• P is the number of whole days in that period.

(3)If the repayment of rent described in subsections (1) and (2) has not been made when the court makes an order for possession under section 21, the court must order the landlord to repay the amount of rent to which the tenant is entitled.

(4)Nothing in this section affects any other right of the tenant to a repayment of rent from the landlord.”