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landlord giving notice to end tenancy.

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  • Myci85
    Myci85 Posts: 415 Forumite
    Eighth Anniversary 100 Posts Name Dropper Combo Breaker
    If your tenancy agreement was dated 1st May and you chose to not move in until towards the end of May, your landlord is quite right to have taken rent from 1st May. Rent doesn't stop being due because you are not living in the property, it stops being due when you do not have a current tenancy. If your tenancy period runs from 1st of each month, then usually you have to give a full month's notice from 1st of a month, so as you have missed 1st July, you would usually need to give notice now but your tenancy wouldn't end until end of August. So yes, rent would be payable until the end of August in that case. 
  • RAS
    RAS Posts: 35,708 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 July at 4:23PM
    [Deleted User] said: Having not dealt with LL in the UK before i should have known better and asked about the 7 days. The property had been occupied by another person up until i moved in so you think its reasonable i pay for May 1 - May 23?  
    That completely changes the situation and isn't clear from your previous comment.

    LLs aren't allowed to charge two people for rent of the same property at the same time. 
    If you've have not made a mistake, you've made nothing
  • [Deleted User]
    [Deleted User] Posts: 0 Forumite
    10 Posts First Anniversary Name Dropper
    edited 28 July at 4:23PM
    RAS said:
    [Deleted User] said: Having not dealt with LL in the UK before i should have known better and asked about the 7 days. The property had been occupied by another person up until i moved in so you think its reasonable i pay for May 1 - May 23?  
    That completely changes the situation and isn't clear from your previous comment.

    LLs aren't allowed to charge two people for rent of the same property at the same time. 
    Yes, and i have argued the point to the LL and UC.  Landlord just replies "rent is due on the 1st of the month, see tenancy agreement"   UC says i should try work it out with LL.  I got fed up with the run around and figured i would do the math when i move out.  That day is here now.  UC had also started paying the LL from the 7th of May so to be honest i dont where the money trail goes and who owes who what.  Im guessing i have an overpayment, which will likely disappear when LL applies Aug rent in my absence.  I wont have UC housing anymore so i will be billed the full amount for that month.  My govt. bond may cover that, but who knows.  
  • RAS
    RAS Posts: 35,708 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You still haven't did which year you moved in?
    If you've have not made a mistake, you've made nothing
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,472 Forumite
    1,000 Posts Second Anniversary Photogenic Name Dropper
    edited 28 July at 4:23PM
    I didnt choose to move in the end of May. I didnt even know about the place until a day before i moved in. Tenancy agreement was signed/dated May 24th. The day i moved in and filled out the paperwork.   The tenancy stated that rent was due the 1st of each month. It didnt specify May 1st.  So any reasonable person would assume a full month rent would apply from June 1st onwards and the 7 days in May could be rolled into rent going forward. Having not dealt with LL in the UK before i should have known better and asked about the 7 days. The property had been occupied by another person up until i moved in so you think its reasonable i pay for May 1 - May 23?  Are you a LL by chance?
    The tenancy agreement was signed 24th May so your tenancy periods are from 24th of the month to the 23rd of the following month.  Your landlord can choose to have the rent payment date set as 1st of the month but May's rent should have been pro-rated.  When I've seen landlords do this the first rent payment would usually be higher as it would cover the period from 24th May to 30th June.

    It's not reasonable for your landlord to expect rent to be paid for the 23 days preceding your tenancy agreement.  Create your own rent statement showing the tenancy periods and the rent paid. Rent is usually due in advance but UC is paid in arrears so UC paid in August would actually be for July's rent.  The rent statement could show you if there is a disconnect somewhere between what you've paid and what the landlord thinks is due.
  • [Deleted User]
    [Deleted User] Posts: 0 Forumite
    10 Posts First Anniversary Name Dropper
    RAS said:
    You still haven't did which year you moved in?
    2022. may 24.
  • [Deleted User]
    [Deleted User] Posts: 0 Forumite
    10 Posts First Anniversary Name Dropper
    edited 28 July at 4:23PM
    I didnt choose to move in the end of May. I didnt even know about the place until a day before i moved in. Tenancy agreement was signed/dated May 24th. The day i moved in and filled out the paperwork.   The tenancy stated that rent was due the 1st of each month. It didnt specify May 1st.  So any reasonable person would assume a full month rent would apply from June 1st onwards and the 7 days in May could be rolled into rent going forward. Having not dealt with LL in the UK before i should have known better and asked about the 7 days. The property had been occupied by another person up until i moved in so you think its reasonable i pay for May 1 - May 23?  Are you a LL by chance?
    The tenancy agreement was signed 24th May so your tenancy periods are from 24th of the month to the 23rd of the following month.  Your landlord can choose to have the rent payment date set as 1st of the month but May's rent should have been pro-rated.  When I've seen landlords do this the first rent payment would usually be higher as it would cover the period from 24th May to 30th June.

    It's not reasonable for your landlord to expect rent to be paid for the 23 days preceding your tenancy agreement.  Create your own rent statement showing the tenancy periods and the rent paid. Rent is usually due in advance but UC is paid in arrears so UC paid in August would actually be for July's rent.  The rent statement could show you if there is a disconnect somewhere between what you've paid and what the landlord thinks is due.
    Yes, its all a bit complicated.  The LL is very quiet when i brought this up.  They correspond via text/email and their default answer is " rent is due from the 1st"  in other words they feel if you start a tenancy mid month you owe for the whole month.  Ive asked C Advice and they said its not normal for a LL to charge for days prior to tenancy commencing and to work it out with the LL.  Thats been pointless as they typically ignore any of my emails regarding this.  In the end i figured i would work it out when i vacated.  Im leaving quite early on the 28th to get a train to gatwick and its likely the LL will avoid a walkthrough and key exchange before i depart. I know this because of my history dealing with them.  They are young and unreliable and communication is non existent when it suits them.   
  • Emmia
    Emmia Posts: 5,718 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 28 July at 4:23PM
    I didnt choose to move in the end of May. I didnt even know about the place until a day before i moved in. Tenancy agreement was signed/dated May 24th. The day i moved in and filled out the paperwork.   The tenancy stated that rent was due the 1st of each month. It didnt specify May 1st.  So any reasonable person would assume a full month rent would apply from June 1st onwards and the 7 days in May could be rolled into rent going forward. Having not dealt with LL in the UK before i should have known better and asked about the 7 days. The property had been occupied by another person up until i moved in so you think its reasonable i pay for May 1 - May 23?  Are you a LL by chance?
    The tenancy agreement was signed 24th May so your tenancy periods are from 24th of the month to the 23rd of the following month.  Your landlord can choose to have the rent payment date set as 1st of the month but May's rent should have been pro-rated.  When I've seen landlords do this the first rent payment would usually be higher as it would cover the period from 24th May to 30th June.

    It's not reasonable for your landlord to expect rent to be paid for the 23 days preceding your tenancy agreement.  Create your own rent statement showing the tenancy periods and the rent paid. Rent is usually due in advance but UC is paid in arrears so UC paid in August would actually be for July's rent.  The rent statement could show you if there is a disconnect somewhere between what you've paid and what the landlord thinks is due.
    Yes, its all a bit complicated.  The LL is very quiet when i brought this up.  They correspond via text/email and their default answer is " rent is due from the 1st"  in other words they feel if you start a tenancy mid month you owe for the whole month.  Ive asked C Advice and they said its not normal for a LL to charge for days prior to tenancy commencing and to work it out with the LL.  Thats been pointless as they typically ignore any of my emails regarding this.  In the end i figured i would work it out when i vacated.  Im leaving quite early on the 28th to get a train to gatwick and its likely the LL will avoid a walkthrough and key exchange before i depart. I know this because of my history dealing with them.  They are young and unreliable and communication is non existent when it suits them.   
    May I suggest you do your own walk through with extensive photos and video before you leave to show the condition of the property when you vacate.
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,472 Forumite
    1,000 Posts Second Anniversary Photogenic Name Dropper
    edited 28 July at 4:23PM
    Just a quick question. So, whenever i sign a new tenancy, lets say the 24th in this case, what dates do i use when i want to end the tenancy? Rent due date is the 1st of any given month, so would my  months notice be from 24th of the month prior to my move out?  Is the rent due date separate from the tenancy signing start date?  Which is looked at as far as tenancy rules go?    My tenancy was renewed/modified 6/9/22 and this has rolled into a month to month since then.   I gave notice via email 5/7/25 indicating i was moving out at the end of the month.  So, would my obligation for any rents owed (if any) be through 5/8/2025?   
    The NRLA AST creates a contractual periodic tenancy at the end of the fixed term, not a statutory periodic tenancy.  That means your notice doesn’t have to align with the tenancy periods (24th to 23rd) and all that’s required is, “at least one calendar month’s notice.” 

    That means that if you served notice today your tenancy would end 8th August as that would be one calendar month. 

    Does your tenancy agreement say that notices can be served by email? If so, then your tenancy would end 4th August. 
  • [Deleted User]
    [Deleted User] Posts: 0 Forumite
    10 Posts First Anniversary Name Dropper
    edited 28 July at 4:23PM
    Just a quick question. So, whenever i sign a new tenancy, lets say the 24th in this case, what dates do i use when i want to end the tenancy? Rent due date is the 1st of any given month, so would my  months notice be from 24th of the month prior to my move out?  Is the rent due date separate from the tenancy signing start date?  Which is looked at as far as tenancy rules go?    My tenancy was renewed/modified 6/9/22 and this has rolled into a month to month since then.   I gave notice via email 5/7/25 indicating i was moving out at the end of the month.  So, would my obligation for any rents owed (if any) be through 5/8/2025?   
    The NRLA AST creates a contractual periodic tenancy at the end of the fixed term, not a statutory periodic tenancy.  That means your notice doesn’t have to align with the tenancy periods (24th to 23rd) and all that’s required is, “at least one calendar month’s notice.” 

    That means that if you served notice today your tenancy would end 8th August as that would be one calendar month. 

    Does your tenancy agreement say that notices can be served by email? If so, then your tenancy would end 4th August. 
    All my correspondence has been by text or email. There is an email listed on the tenancy for contact/issues.  I think email is considered the norm nowadays.  The LL send me a rent increase via email 3 months ago including a RHW12 notice of rent change.  No letter.  So our history would show the way we communicate.    

    So my email to him was "Im moving out at the end of the month" I suppose i could make it more official and tell him exactly when im leaving, arrange a walkthrough, and do the key hand over.  His response to my text was he had seen my email.      So basically it sounds like my commitment would be till Aug 6th since i sent email July 5th.  But good to know the 30 days is not fixed.  I didnt want to have to pay all of Aug.  I can live with 5 days if thats the rule. 
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