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bym007
24-07-2010, 00:58 AM
Hi all,

Newbie here so be a little kind please.

I recently completed the minimum term of my AST 12 months, and now on a rolling month to month contract.

I wish to cancel my contract, so I gave a notice to my LL today for 30 days.

Basically, our month runs from 8th of every calendar month, however, I gave a 30 days notice today, so my tenancy will now come to an end on 22-08-10. There is no clause in the tenancy agreement to object to this.

So for next month, I owe him rent from 08-08-10 till 22-08-10. However, my LL replied back to say that he wants full month's rent on 08-08-10 and will refund the remaining rent plus my deposit (subject to flat being all good) at the end of tenancy.

I however, do not believe this is right, and I should not have to pay him anymore rent than it is due. Is he correct in demanding full month's rent ?

Snorkerz
24-07-2010, 09:16 AM
Your notice (under section 5 of the 1988 Housing Act) needed to give a minimum of one month, and end on the last day of a tenancy period. Your tenancy period runs to the 7th, therefore that is when your notice runs to.

Sorry to be the bearer of bad news.

bym007
24-07-2010, 10:20 AM
Sorry, but my tenancy agreement does not state that it must "end on the last day of a tenancy period", and hence the LL has agreed to let me go in the middle of a tenancy month.

My only issue is why does he want a full month's rent when I will be staying for 15 days ? He says that he will return the remainder of the rent (pro rata) and deposit. when he move out.

I would rather save that extra money to be used for new flat's rent. Hence the query...

silverbak
24-07-2010, 10:33 AM
Sorry, but my tenancy agreement does not state that it must "end on the last day of a tenancy period", and hence the LL has agreed to let me go in the middle of a tenancy month.


It doesn't need to, this is part of tenancy law. Go read section 5 of the 1988 Housing Act.

Snorkerz
24-07-2010, 10:49 AM
Your notice (under section 5 of the 1988 Housing Act) needed to give a minimum of one month, and end on the last day of a tenancy period.


Sorry, but my tenancy agreement does not state that it must "end on the last day of a tenancy period",

I have re-read your post, and think we may be getting crossed wires.

You are saying that you are being asked to pay 1 months rent on the 8th and the landlord has agreed (though he doesn't have to in law) to refund a proportion of this if you move out on the 22nd. You might want to get this in writing.

However, the landlord will not be willing to take rent for only 8-22 because there is no guarantee you will move out on the 22nd - if you dont (new flat falls through or whatever) there is nothing he can do about it in the short term. Without this 'deal' you would have had to pay the full rent anyway and not got a refund.

Be grateful that he has agreed this mid-term departure (which is not your legal right) and enjoy spending the money when he returns it to you ;)

bym007
24-07-2010, 16:51 PM
Snorkeys, I see where you are coming from, but I still find myself confused somewhat over this.

Basically, I have given him a notice by email (and posted a copy by 1st class as well). He has basically agreed to everything, and asked that I pay for whole month's rent. This was also done by email, so I have a written proof of this.

However, if I say to the LL that I want to move out on 22nd, and he is happy with that, why cover for a situation of "if the new flat deal does not go through". He already has my deposit to cover for "iffy" situations, right ?

If he were to consider this "if" situation, I could equally have been moving out on 7th Sep (natural end of tenancy month), and he could still be looking for next month's rent, citing that the deal for new flat could go down. But I have never heard of this happening (in my somewhat little exposure to rental market).

Hence my confusion, that if he has basically agreed to let me go, why hold on to 2 weeks rent, when he has 1 month's deposit already.

I have a good tenant during my 13 months here (no complaints, and rent on time always), so I believe that he will be a little courteous in last few days... but I could be wrong as well.

Snorkerz
24-07-2010, 18:35 PM
Snorkeys, Who's that then? *

However, if I say to the LL that I want to move out on 22nd, and he is happy with that, why cover for a situation of "if the new flat deal does not go through". He already has my deposit to cover for "iffy" situations, right ?Not necesarily, your tenancy agreement probably says the deposit can not be used by the tenant for rent.
I could equally have been moving out on 7th Sep (natural end of tenancy month), and he could still be looking for next month's rent,But that rent wouldn't be legally due until the 8th - see the difference?

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*Phrase copyright LLZ member "Jeffrey"