Landlord wanting to push back move out date (hence more rent)

a_and_k_ftb

Schwarzwald said:

a_and_k_ftb said:

Tempted to suggest we donate the difference to Shelter or another charity. Have accepted my fate, however. 

why?
you make it sound as if the LL is in the wrong to collect the rent of the second half of the month.
it is unlikely the LL has another tenant lined up on the day to move in.

would skip this suggestions, not helpful. but if you feel strongly to donate to shelter, why dont you do it out of your own pocket? just a suggestion.

I already donate , just not to the tune of half a month's rent! 

From what I understand from propertyrental's response, if rent is indivisible and we didn't have a pro-rata agreement in place then it's his by rights. I think I'm just annoyed at myself for trying to be clever and failing. 

The landlord owns all the properties on the street. They've been doing them up once people leave, so I know that they expected it to be empty for a while after I leave. Contractor has already been round to see what needs doing. 

a_and_k_ftb

Thanks @doodling and @pinkshoes. I think it comes down to this indivisibility of rent aspect of which I was unaware. Had assumed tenancy ending == no more rent due! 

Will choose my wording carefully, take advice from CAB and Shelter and see how far I can push it by playing ignorant of what I was agreeing to. 

Have booked a van, told utilities etc. we're moving. Will have a think and a chat with the partner on whether it's worth the extra money to shift our planned move-in date and have more overlap if the LL can't be convinced.

I think given that they're doing the houses on the street up when people leave will obviously play into it as well. Will be vacant for a while, so obvs the best situation for LL is being able to start work 2 weeks early whilst still collecting rent. 

pinkshoes

They can't charge you rent and have access themselves.

If they insist on full rent then I'd insist on completion of tenancy and no access to LL.

Or negotiate half rent and the LL can have access.

a_and_k_ftb

Emailed back saying that we agreed and I want to stick to it. Waiting for reply.

Was working on the assumption that this is true:

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

Relevant part:

How to agree on a tenancy end date

You could email your landlord or agent and:

• explain that you'd like to move out

• ask how much notice they'd expect

• suggest a provisional move out date

Some landlords are more flexible than others.

For example, your landlord could agree that the tenancy can end part way through a rental period, or they might insist that you pay rent until the end of your tenancy period instead.

The more notice you give, the more flexible landlords should be.

Make sure you confirm your agreement in an email or letter so you're both clear about when you intend the tenancy to end.

If you leave by the agreed date

Your tenancy ends legally. It counts as a 'surrender' of the tenancy as long as it's agreed in writing.

a_and_k_ftb

Just completed on time! So thankfully didn't suffer for taking the risk of not giving notice on the current place before we exchanged. 

SDLT_Geek

a_and_k_ftb said:

Just completed on time! So thankfully didn't suffer for taking the risk of not giving notice on the current place before we exchanged. 

Pleased for you!  Message for others: it is risky to give notice to end one's tenancy before exchanging contracts on the purchase of a new home.

a_and_k_ftb

Update on this for those who may face a similar situation in the future.

The estate agent managing the property on behalf of the landlord relented and agreed that we only needed to pay 15/365ths of the year's rent after we surrendered the tenancy 15 days early.

Having said that, from advice from everyone else in the forum, appears that the estate agent and landlord were well within their rights to demand the full month's rent given we hadn't explicitly agreed that ending the tenancy earlier than the end of the periodic tenancy also meant pro-rating the rent. 

theartfullodger

IMHO as a landlord since 2000 the agent (agent of landlord, not your agent - he works for landlord) has stated end date.  Sorted, leave then (loads of photos and if returning keys).  

If stupid ignorant landlord decides to sue you for unpaid rent in my opinion you'd win.

Good luck with new home.