Renting - End of Lease...

WebJunkie007

I was hoping someone in here could offer me some good advice...

On Sept 8th we put in our month's notice for termination of our lease. As our lease officially started on the 4th of October, we have been told that if we had wanted our lease to end in October we would have needed to have said something on the 4thof September or prior. Thus we are being held responsible for the rent up to 4nd November. This seems a bit unfair, as I thought that a month's notice would have put us up to the 8th of October (a month after we had given notice).

Our landlord is being flexible in that if someone agrees to move in for October we won't be held responsible. There are three estate agents that have it listed. We've been exceptionally communicative with the estate agents, providing them photos and a description of the flat to post on their websites (none of them have). We've provided all the estate agents keys (at our cost) to easily show the flat when we're not around. I'm pulling my hair out that they haven't put the pics up on the internet - it would help us if they would market it properly.

Now the problem is: it's been listed for 1 full week now and we've only had one viewing on the flat - apparently she wanted it but on a lease shorter than what could be agreed.

It's the perfect flat in the perfect location at a great price - I'm sure that if we can get just 2 or 3 more people to see it, it will go like a proverbial hotcake.

However my concern is that what if we can't get people in to view it? I can't afford to pay rent on two places. Does anyone have any suggestions on how I can make this situation better? Is the idea that we're still liable for rent up until the 2nd of November valid? Any advice would be greatly appreciated.

Muddybloke_2

Had much the same issue a couple of years ago.

After checking with Shelter I found that the estate agent was correct and did have to cover rent on two houses for a short time. Not nice but how it is.

WebJunkie007

What I should also mention is that our 12 month lease is up on 4th of October. Since we've already completed our contractual period and we haven't resigned anything - wouldn't that invalidate the claim?

greenwich

WebJunkie007 wrote:

What I should also mention is that our 12 month lease is up on 4th of October. Since we've already completed our contractual period and we haven't resigned anything - wouldn't that invalidate the claim?

Absoultely correct. If you're intending to move out when your lease ends, you don't need to give notice at all. Even if you want to stay beyond 4th October, you don't need to sign anything. You just keep paying the rent and the agreement continues though of course in that case the landlord can give you notice to quit if he wants.

Estate agents get their commission from the landlord and if the place is empty they get nothing, so of course they're going to lie to you. When we were renting a few years ago, I rang the letting agent to give notice of about a month. She said that I had to give notice of two months. I asked where it said that in the lease. She said "that's just how it works". She then hinted that they might keep my security deposit if we moved out with only a month's notice. Needless to say she was just trying to scam me. We complied with our lease and then moved out when we wanted, paying rent up to the day we moved out and not a penny more. We got our deposit back, which they were legally obliged to give back anyway as we had done no damage to the place.

Do not let yourself be intimidated. Move out on the 4th October, or later if you want, pay rent up to that date, and you'll have performed your legal obligations to the letter (I am assuming that there's nothing you've not told us about such as some clause in your lease requiring you to give two months notice).

GDB2222

WebJunkie007 wrote:

What I should also mention is that our 12 month lease is up on 4th of October. Since we've already completed our contractual period and we haven't resigned anything - wouldn't that invalidate the claim?

Umm, it depends on the wording of the lease. Some (most) will come to an end automatically on 4 Oct. Do you not have a copy you can check?

Robert_Sterling_3

It all depends on the terms and conditions of the lease.

WebJunkie007

Thanks everyone for helping me!

Here are the important bits on the lease:

Term: A term certain of 12 months, less one day, from the 4th October 2004, with the option of either party to terminate the agreement after six months subject to providing two months notice.

Later it is stated: "The Tenant(s) agree to serve one months written notice prior to, or on the final rent due date, should they require to quit the premises at the end of the agreed term".

I guess where it gets sticky is that we provided the notice 4 days after the final rent date - however the lease is only for 12 months? There is nothing on the lease that insinuates that the terms would 'roll over' - if anything it insinuates that we only need to give a months notice after the final payment - which could then be interpreted that since we gave notice on the 8th of September we would only be liable until the 8th of October.

Any advice?

GDB2222

WebJunkie007 wrote:

Thanks everyone for helping me!

Here are the important bits on the lease:

Term: A term certain of 12 months, less one day, from the 4th October 2004, with the option of either party to terminate the agreement after six months subject to providing two months notice.

Later it is stated: "The Tenant(s) agree to serve one months written notice prior to, or on the final rent due date, should they require to quit the premises at the end of the agreed term".

I guess where it gets sticky is that we provided the notice 4 days after the final rent date - however the lease is only for 12 months? There is nothing on the lease that insinuates that the terms would 'roll over' - if anything it insinuates that we only need to give a months notice after the final payment - which could then be interpreted that since we gave notice on the 8th of September we would only be liable until the 8th of October.

Any advice?

Hmm, ask on the uk.legal.moderated newsgroup. Guy there called Daytona knows all about this sort of thing. I fear you have a problem, but they can tell you for sure.

greenwich

WebJunkie007 wrote:

...however the lease is only for 12 months? There is nothing on the lease that insinuates that the terms would 'roll over'

I hope you get good advice from the newsgroup but, in any case, I don't think you've anything to worry about except having to stand up to the estate agents when they try to put pressure on you. When your lease expires on 4th October, it will become what is known as a "tenancy at will". This means that (i) the tenant can carry on living at the place for as long he wants, paying the same rent as before, and (ii) the landlord can serve notice to quit anytime he wants. So you could leave on the 5th and you'd just be liable for one extra day's rent. Nothing more.

Even if you leave on the 4th, all that's happened is that you've breached the clause in the lease that required you to give a month's notice. It doesn't mean that you are liable for a whole extra month's rent. At worst it would be 4 days rent and even that if the landlord could show that he had suffered a loss because of your late notice. If he finds another tenant before the 4th, he's not suffered any loss so you owe him nothing. If he doesn't find a tenant until after the 4th then he's lost at most 4 days rent because of your late notice, so that's all you owe him.

Don't worry. It looks like the worst that could happen is that they'll try to withold your deposit and you'll have to write a couple of tough letters to get it back. We can help you with that...

rozeepozee

WebJunkie007 wrote:

"The Tenant(s) agree to serve one months written notice prior to, or on the final rent due date, should they require to quit the premises at the end of the agreed term".

I'm not an expert in landlord and tenant law but my reading of that term is that you have failed to provide the written notice in time - it was four days late. These Assured Shorthold Tenancy agreements continue automatically if neither party takes any action to terminate it and for some bizarre reason have to end on the same day of the month that they begin! You have taken action, just not in time to leave on the date you want to. I'd love it if this was wrong, so I'm happy to be corrected but I suspect your estate agent is right when he says you have to pay another month's rent.

However, I also think they're being a bit tough on you to force you to stay/pay. I've been in this position with a tenant (I'm a landlord) and I've come to an informal arrangement that the tenant move out earlier and pay the relevant portion of the month's rent. Then again, I am a nice landlord! :rolleyes:

WebJunkie007

Thank you everyone, you've all been really helpful.