Rental agreement

Aruffell · 29 Mar 2016 at 11:30

We are currently renting but are buying a house and they are anticipating that the completion date is 29th April.

We pay our rent on 24th of each month so have a couple of questions that GD may be able to help with.

We are well out of contract and have been on a rolling one month contract for the past 3 years.

We paid a month in advance so we've just paid on 24th March meaning that pays up until 24th April and then the month in advance pays for 24th April to the 24th May. Is that right?

If we move out on the 10th May, are we due to be credited anything back or are we paid up until the 24th May and that's it?

Thanks in advance,

Andy

Duke · 29 Mar 2016 at 11:32

Expect this is noted in the original contract?

Psypher5 · 29 Mar 2016 at 11:33

Places I have been have worked out the extra and only charged for that. Speak with the agency / landlord and they should do similar.

Aruffell · 29 Mar 2016 at 11:35

Psypher5 said:
Places I have been have worked out the extra and only charged for that. Speak with the agency / landlord and they should do similar.

Landlady said:

The situation is that the contract runs for full months regardless so if you leave before the monthly rental date, there is no part month can credit. Hope that's clear.

Just checking that is right or not. Otherwise I'm paying for potentially 2-3 weeks even though I'm long gone.

MooMoo444 · 29 Mar 2016 at 11:37

It will say in the original contract. I have a feeling it will say that a full months rent is due regardless of time spent in the property that month.

teenwolf · 29 Mar 2016 at 11:37

you have to give 30 days notice so i guess you only pay upto that.

Aruffell · 29 Mar 2016 at 11:44

Contract says this:

Part 1 - http://i.imgur.com/7XeWbGM.jpg
Part 2 - http://i.imgur.com/Yrhn9rX.jpg

Andy

Avenged7Fold · 29 Mar 2016 at 11:48

You will have to pay the month out. TBH, its not like its unfair as they cant exactly get someone in for the day after you leave anyway.

Also, this can be a bit of a god send when moving as you can take your time to really get things sorted.

Haggisman · 29 Mar 2016 at 11:49

Ignore: it seems the statutory regs. require the tenancy to end on a payment date - my bad!

You may however be able to come to an agreement with the landlord that if they can get a new tenant in early that they refund some of the rent.

Avenged7Fold said:
TBH, its not like its unfair as they cant exactly get someone in for the day after you leave anyway.

Why not?

I've had tenancies where I've moved in in the afternoon with the previous tenant moving out that morning!

Aruffell · 29 Mar 2016 at 11:50

Avenged7Fold said:
You will have to pay the month out. TBH, its not like its unfair as they cant exactly get someone in for the day after you leave anyway.

Also, this can be a bit of a god send when moving as you can take your time to really get things sorted.

Thought as much but just wanted to clarify.

Am I right in thinking that paying a months rent in advance pays for the final month or does that pay for the first month? Was 4 years ago so can't quite remember.

Simple question - If I plan to move out on say the 10th May, do I have to pay on the 24th April like regular or is that already covered?

Thanks,

Andy

Skeeter · 29 Mar 2016 at 11:53

As you have rolled out of your Fixed Term contract onto a Periodic Assured Shorthold Tenancy you are now bound by the requirements of the Periodic. That means that you must give at least 1 full rental period of notice.

So if your rent date is the 24th of the month and you pay monthly, that means to leave on the 23rd April you have to have given notice by 24th March, which has gone. The earliest you can now leave is the 23rd May, by giving notice at any point between now and the 24th April.

http://www.landlordzone.co.uk/content/ending-assured-shorthold-tenancy

Edit: If you want to leave on the 10th May you will need to give notice by the 24th April that will mean your contract ends (and you pay up to) the 23rd May.

Haggisman · 29 Mar 2016 at 11:55

Aruffell said:
Am I right in thinking that paying a months rent in advance pays for the final month or does that pay for the first month? Was 4 years ago so can't quite remember.

Simple question - If I plan to move out on say the 10th May, do I have to pay on the 24th April like regular or is that already covered?

Thanks,

Andy

Paying in advance is the norm, so a payment on 24th April would cover you:

24th April - 24th May

DanielMMS · 29 Mar 2016 at 11:58

ignore

Avenged7Fold · 29 Mar 2016 at 11:59

Haggisman said:
That's not what it says in the contract - it says 1 month's notice must be given, it doesn't say anything about full months or coinciding with a payment date.

He has just paid for the current month to April already and has also paid one month in advance when he first signed the contract. It is essentially paid till May at the moment even if he ends the contract as soon as possible as i understand it.

Haggisman · 29 Mar 2016 at 12:00

DanielMMS said:
You may give notice whenever you want.
The notice must be at least one month.
It must be in writing.
The contract will be terminated upon expiration of the one month's notice.

Therefore, if you expect to move out on 10th May you should:
(i) give notice (in the prescribed way) on 10th April; and
(ii) pay rent on 24th April only for the period from 24th April to 10th May.

That's what I thought too, but according to:http://www.landlordzone.co.uk/content/ending-assured-shorthold-tenancy

"To end a periodic tenancy, tenants must by law give one clear tenancy period’s notice in writing. This is usually one month (rent paid monthly) or a minimum of 28 days when the rent is paid weekly. This notice period MUST end on the last day of a tenancy period, in other words giving one clear and full tenancy period’s notice."

Skeeter · 29 Mar 2016 at 12:01

DanielMMS said:
You may give notice whenever you want.
The notice must be at least one month.
It must be in writing.
The contract will be terminated upon expiration of the one month's notice.

Therefore, if you expect to move out on 10th May you should:
(i) give notice (in the prescribed way) on 10th April; and
(ii) pay rent on 24th April only for the period from 24th April to 10th May.

This is not the case.

Periodic Assured Shorthold Tenancies must terminate at the end of the rental period. He cannot end the tenancy on the 10th May without coming to a separate agreement with the landlord.

Haggisman · 29 Mar 2016 at 12:04

Avenged7Fold said:
He has just paid for the current month to April already and has also paid one month in advance when he first signed the contract. It is essentially paid till May at the moment even if he ends the contract as soon as possible as i understand it.

Wouldn't the payment he's just made be from 24th March - 24th April?

teenwolf · 29 Mar 2016 at 12:06

Aruffell · 29 Mar 2016 at 12:06

Ok so I just spoke to the letting agent (who the contract is with) and they said that by paying on the 24th March, I am paid up until the 23rd April and then if I give my notice on the 10th April for 1 month then I am billed for the days from 24th April - 10th may which would be 17 days and they said it's worked out as:

£995*12 months = £11940
£11940/365 days = £32.71 per day
£32.71*17 days = £556.11

Andy

McPhee · 29 Mar 2016 at 12:07

It might be reasonable to suggest to the landlord that you are credited part of your rent back if they can find another tenant. Suggest that otherwise, you're happy to remain in possession of the keys until 23rd May so that you can take your time moving out.

That's about the best you can do TBH.