Is she being diddled by her landlord?

SquatNow

You need to find out what the terms of the contract say and when she last renewed.

tbs624

Madmalteaser - Squat is absolutely right. You have not provided enough information about the tenancy agreement for anyone to be able to give a definitive answer to your questions.

However, as Pastures says it's not relevant that she's a single mother, trying to pay 2 lots of rent/living costs. If she has renewed a contract to a fixed term date, then she is obliged to pay up until that date. If she chooses to move elsewhere and make a financial contribution to the boyfriend for doing so then that was her choice, not something that simply negates her contractual obligations.

If you're able to check the terms of the tenancy and when/if a new agreement has been signed then post back?

nickhenderson1_2

Just reading this post and I'm in a similar position to the OP's friend.

The situation being that I've recently purchased and moved into a house (first house purchase). I bought the house half way through a rental contract which is due to expire in September.

Consequently, I'm now paying a mortgage every month and am also responsible for the Rent in my rented property up until September. I have no problem with this, however I do have a problem with paying the Council Tax and Utility Bills.

I can't see how Council Tax should be paid for a property that's empty. It was always my understanding that if a property was empty, you didn't have to pay council tax.

Likewise, I can't see why I should be paying for the utilities at my rented property, as the house will be locked and no-one living there, meaning NO water, gas or electricity will be used at all.

If anyone could shed any light on this situation i'd be very grateful. Like I said, I have no problem paying the rent that is due for the remainder of the contract, but I was hoping to hand the keys back to the letting agents along with the outstanding rent, and forget about the whole thing.

PasturesNew

nickhenderson1 wrote: »

I can't see how Council Tax should be paid for a property that's empty. It was always my understanding that if a property was empty, you didn't have to pay council tax.

There are some basic guidelines, but it does alter around the country. You need to go to your Council's website and see what they say about it - then give them a phone call.

nickhenderson1 wrote: »

Likewise, I can't see why I should be paying for the utilities at my rented property, as the house will be locked and no-one living there, meaning NO water, gas or electricity will be used at all.

Phone the utilities company with your final reading... tell them you've left. I'd leave it at that to be honest probably.

Bungarm2001

As far as the rent is concerned, if you sign an AST for a 12 month tenancy, then that is what you will owe, 12 months agreed rent, whether you pay it in one lump sum or monthly, weekly, whatever.

If you give notice that you want to end the tenancy for whatever reason before the date of the end of the contract, then you will still be liable for the rent for the rest of the period because you have signed a LEGAL DOCUMENT stating that you agree to this.

IF the LL AGREES to you leaving, he is perfectly within his rights to charge you for advertising the property and for any other costs incurred in re-letting the property before the end of your contract AS WELL AS the rent from you up until the new tenant starts to pay. If not, he would again be perfectly within his rights to take you to small claims for the rest of the rent.

Not being funny, but why should the LL go at a loss because someone has decided to move in with the boyfriend?? It never ceases to amaze me that tenants think they can drop a legal tenancy agreement as and when they please, then get ancy because the LL is sticking to the legal terms of the agreement that they signed with the tenant.

As for the Council Tax, then yes, she may get away with paying any more of it but she MUST inform them of her plan to move out otherwise she may be liable to prosecution.

Utilities are simple...all she has to do is phone them with the last reading and give a forwarding address. Depending on the set up she has with them, she will have to pay any standing charges up until the new tenant moves in and takes over.

The LL should also be notified of the last readings just in case he fancies going over there and doing all his washing and drying at your expense

Above all, keep the communication going with the LL. REMEMBER, s/he is running a business and will not be the slightest bit interested on how hard you are finding things financially. It's not his concern.

pinkshoes

The council tax might not have to be paid, but depends on what the council wants. Presumably she's now on the council tax at her boyfriend's house (and that he's no longer claiming his 25% discount!!), so if she just tells them when she moved into her b/f's house, then she probably won't have to pay the CT on her rental place.

Depending on her contract, she MIGHT have to pay rent until September, but if it was a 3 year contract, and after that she signed nothing else, then doesn't it go onto a rolling tenancy where you just give 1 months notice before a rent date?

If she does have to pay until September, I suggest she does all she can to find another tenant! So long as the rent is being paid, the agency won't make much effort to find one themselves as they have no incentive to do this other than the fees they'll get!

inmypocketnottheirs

With regards to the council tax, it is usually charged to the LL when the property is empty at a discounted rate. However if the tenant has signed a tenancy agreement that is to end in September, why should the LL pick up the bill? It is normal that if a LL lets a tenant off of their responsibility that the LL recovers from the tenant any costs until the property is let. Those costs would include rent, utility and standing charges and advertising costs. As far as the LL is concerned the tenant signed an agreement to end on a fixed date, and he is entitled to have that commitment fulfilled.

I am sure that the OP would be here ranting and raving if the LL wanted to turn the tenant out of the property before the end of the term.

madmalteaser

pinkshoes wrote: »

Depending on her contract, she MIGHT have to pay rent until September, but if it was a 3 year contract, and after that she signed nothing else, then doesn't it go onto a rolling tenancy where you just give 1 months notice before a rent date?

That sounds extremely familiar. I'm sure she mentioned she hadn't signed anything and had this "rolling tenancy" you mentioned.

To everyone else, thank you for your opinions so far. I know my friend will appreciate them. I'm sorry about the lack of information. Hopefully, when I see her next week, I will have more!

madmalteaser

inmypocketnottheirs wrote: »

I am sure that the OP would be here ranting and raving if the LL wanted to turn the tenant out of the property before the end of the term.

I'd appreciate it if you didn't make assumptions about me - I have only come on here for some advice to hopefully help out a friend. Yes, she handed in her notice early and she was always prepared for the possibility of paying rent until September. We weren't sure about the situation with council tax and utilities and, as a previous private tenant myself, I had never heard of being expected to pay advertising costs which is why I was querying this.

I have never been the kind of person to "rant and rave" on a public forum as I'm sure my previous posts will show. Thank you for your advice but your assumptions about me personally are not welcome.

clutton_2

the title of the thread which you have chosen shows us what you think of landlords and that you think your friend should be allowed to welsh on her tenancy agreement.