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    • Red-Squirrel
    • By Red-Squirrel 12th Jan 19, 3:42 PM
    • 3,997 Posts
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    Red-Squirrel
    • #2
    • 12th Jan 19, 3:42 PM
    • #2
    • 12th Jan 19, 3:42 PM
    No, you agreed to a two month notice date and it sounds like you gave less than two weeks.
    • missile
    • By missile 12th Jan 19, 3:46 PM
    • 9,895 Posts
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    missile
    • #3
    • 12th Jan 19, 3:46 PM
    • #3
    • 12th Jan 19, 3:46 PM
    You gave one months notice that you MIGHT be moving out. You informed LL (when?) and expect to have part of December refunded.

    You clearly broke the rental agreement. Are you for real?
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • John G Jones
    • By John G Jones 12th Jan 19, 4:04 PM
    • 81 Posts
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    John G Jones
    • #4
    • 12th Jan 19, 4:04 PM
    • #4
    • 12th Jan 19, 4:04 PM
    Letting them know that you might move out is not giving notice. If you had delayed a month would you have honestly been OK if a new tenant turned up on your “likely” date and asked you to move?

    You clearly woukdn’t Have been, so he could not start marketing it until you have formal notice.

    As above, you gave only a few weeks, so should expect to pay for the rest of the notice period.
    • G_M
    • By G_M 12th Jan 19, 4:17 PM
    • 46,491 Posts
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    G_M
    • #5
    • 12th Jan 19, 4:17 PM
    • #5
    • 12th Jan 19, 4:17 PM
    The replies above would normally be appropriate, except that
    Once the completion date on our new property was confirmed (mid December) I informed the landlord that we would be moving out then and asked if it would be possible for us to only pay the rent up until vacating the property (i.e. half of December rather than the whole month). He replied in a text saying that that was fine.
    Originally posted by DXW059
    That sounds to me like an agreement by the LL to accept an Early Surrender.

    Personally I'd have formalised that agreemet in writing (letter with clear dates and rent/penalty conditions etc) if I'd been the tenant, rather than rely on a single text.

    Nonetheless......
    • Red-Squirrel
    • By Red-Squirrel 12th Jan 19, 4:20 PM
    • 3,997 Posts
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    Red-Squirrel
    • #6
    • 12th Jan 19, 4:20 PM
    • #6
    • 12th Jan 19, 4:20 PM
    The replies above would normally be appropriate, except that
    That sounds to me like an agreement by the LL to accept an Early Surrender.

    Personally I'd have formalised that agreemet in writing (letter with clear dates and rent/penalty conditions etc) if I'd been the tenant, rather than rely on a single text.

    Nonetheless......
    Originally posted by G_M
    It sounds like they didn't actually have a date at that point though, as they paid December's full rent before knowing the completion date then asked for some back.

    Can an early surrender be agreed without a date in place?
    • G_M
    • By G_M 12th Jan 19, 4:34 PM
    • 46,491 Posts
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    G_M
    • #7
    • 12th Jan 19, 4:34 PM
    • #7
    • 12th Jan 19, 4:34 PM
    Once the completion date on our new property was confirmed (mid December) I informed the landlord that we would be moving out then
    That sounds like there was a specific date, though the OP has just generalised it here to us (mid December).

    But perhaps the OP could confirm.

    You are right, without a specific date it would be meaningless.
    • AdrianC
    • By AdrianC 12th Jan 19, 4:40 PM
    • 20,342 Posts
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    AdrianC
    • #8
    • 12th Jan 19, 4:40 PM
    • #8
    • 12th Jan 19, 4:40 PM
    There's a difference between "moving out" and ending the tenancy.

    The landlord may well say that his text message was intended to refer to you moving out part-way through December, leaving the property vacant for the rest of your notice period. If he's happy to allow you one month's notice instead of the contractual two, then that's only in line with the legal requirements for an AST (assuming that month is in line with the rental period dates).
    • G_M
    • By G_M 12th Jan 19, 4:46 PM
    • 46,491 Posts
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    G_M
    • #9
    • 12th Jan 19, 4:46 PM
    • #9
    • 12th Jan 19, 4:46 PM
    There's a difference between "moving out" and ending the tenancy.

    The landlord may well say that his text message was intended to refer to you moving out part-way through December, leaving the property vacant for the rest of your notice period. If he's happy to allow you one month's notice instead of the contractual two, then that's only in line with the legal requirements for an AST (assuming that month is in line with the rental period dates).
    Originally posted by AdrianC
    Again, normally yes, but OP said:
    and asked if it would be possible for us to only pay the rent up until vacating the property (i.e. half of December rather than the whole month). He replied in a text saying that that was fine.
    And again, written confirmation would have been sensible, but does not alter the fact that, according to what we have been told, the tenant and LL reached an agreement about both the date and the rent.
    Last edited by G_M; 12-01-2019 at 4:48 PM.
    • AdrianC
    • By AdrianC 12th Jan 19, 4:53 PM
    • 20,342 Posts
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    AdrianC
    Depends on the exact wording of the texts, of course.
    • ginashamz
    • By ginashamz 12th Jan 19, 4:55 PM
    • 107 Posts
    • 12 Thanks
    ginashamz
    All I want is my rental income for December and January for now. The letting agent keeps telling me they will pay but have not to date.
    Hopefully they will provide me with the contract!
    • Marvel1
    • By Marvel1 12th Jan 19, 5:11 PM
    • 3,773 Posts
    • 4,159 Thanks
    Marvel1
    OP, if you decide to come back and reply, may be best to state what exactly what was said in the text.
    • G_M
    • By G_M 12th Jan 19, 5:15 PM
    • 46,491 Posts
    • 56,439 Thanks
    G_M
    Depends on the exact wording of the texts, of course.
    Originally posted by AdrianC
    Of course. But my responses and advice were based on what the OP had told us here.


    Naturally if the OP inaccurately paraphrased, then the advice would no longer be valid.
    • Red-Squirrel
    • By Red-Squirrel 12th Jan 19, 5:30 PM
    • 3,997 Posts
    • 10,758 Thanks
    Red-Squirrel

    Once the completion date on our new property was confirmed (mid December) I informed the landlord that we would be moving out then and asked if it would be possible for us to only pay the rent up until vacating the property (i.e. half of December rather than the whole month). He replied in a text saying that that was fine.

    We paid the rent in advance prior to knowing the completion date, as we would do each month. So I messaged the landlord asking if he could refund the rent for the second half of December as he previously agreed to in a text.
    Originally posted by DXW059
    I admit its very unclear!

    To me though, it sounds like they gave a rough date of mid December with about a month's notice. Then only gave an exact date after they had paid their December rent (which I assume was no earlier than the 1st December.)

    If they had known the exact date before paying the last rent payment, they would have reduced it pro rata if they thought they had an agreement that rent wasn't due after that, wouldn't they?
    • Red-Squirrel
    • By Red-Squirrel 12th Jan 19, 5:31 PM
    • 3,997 Posts
    • 10,758 Thanks
    Red-Squirrel
    All I want is my rental income for December and January for now. The letting agent keeps telling me they will pay but have not to date.
    Hopefully they will provide me with the contract!
    Originally posted by ginashamz
    I think you've posted on the wrong thread!
    • diggingdude
    • By diggingdude 13th Jan 19, 8:20 PM
    • 519 Posts
    • 684 Thanks
    diggingdude
    No longer need advice
    Thanks
    Originally posted by DXW059
    Very poor form to remove the original message. Hopefully you got the advice you needed although it can't now help anyone else
    House Deposit - Target 20000 April 2019
    Current Savings - 10225 13121.22 14621.22 16021 1729615171 15971 16983 19646
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