Last month's rent

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    Last month's rent

    We are leaving in the middle of the month. We gave our notice and the last day of the 2 month notice is 9th march. We have found a place to move into on 24th and the estate agents are listing current property available from that date. I am 3 days late paying the rent now because I am not sure if I have to pay full rent. I'm guessing I do but surely that entitles us access to the property until the 9th?


    Who wants to rent two properties in one go? Not us.

    What if they find a tenant to move in? I'm guessing we won't be refunded. Why does the LL get to have double pay if we have paid. This stupid freezing cold house has cost us enough money. I resent paying any more.

    #2
    Please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters

    Comment


      #3

      Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?

      ENGLAND

      Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?

      MULTIPLE

      Q3 – What date did current TA start dd/mm/yy?

      10/02/2017

      Q4 – How long was initial fixed term (6/12/24 months / other)?

      12 MONTHS

      Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?

      MONTHLY ON THE 10TH

      Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?

      YES WHEN WE MOVED IN 1.5MONTHS RENT

      Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

      GAVE 1 MONTH NOTICE ON 09/01/2018 BUT LL AGENT TOLD US HAD TO BE 2 MONTHS NOTICE. SO NOW I UNDERSTAND WE ARE IN STATUTORY CONTRACT BUT LEAVING AFTER 2 WEEKS OF THE START OF THAT

      Q8 – Does the landlord live in the same property as the tenant?

      NO

      Comment


        #4
        You don't say anywhere that anyone told you that you could not stay till the 9th. If you choose not to that is your choice. You have complete control of the property (and the obligation to pay for it to be heated, water supply etc till then as well as council tax till then if tenancy agreement makes you liable).

        Who has said otherwise?

        Comment


          #5
          Just the fact they are advertising it as available when we would have paid. We gave one month's notice saying we would be leaving by 9th Feb but they said we had to give two so we reluctantly stayed because knowing our luck we would only get charged for the month anyway (I asked on here and was a mixed response as to whether they could impose the extra month notice even though it would take us beyond the end date of the contract)

          This house is energy rated F we just paid 285 for 500 litres of oil and it goes so fast, won't last til 9th may.. We can't afford to heat it. The man that came to get the cerificcert said if it's an E then the landlord has to sort it out and it's an F. We learned the hard way what energy rated F means. He is also not changing it and I looked at the law, he doesn't legally have to until April

          Comment


            #6
            Why didn't you leave at the end of then contract then? If you wait until it is periodic you probably DO need to stay until 9th April. That was your choice.

            Advertising as available is different from making it available - particularly under the circumstances that they are letting you leave early. It is however clear that you keep the keys until the end of the period month so they can't let anyone in. You can also leave your stuff there and you MUST pay for it to be heated until then.

            You knew when letting that the fuel would be expensive. How much does it actually cost per year (heating a house can easily cost £1000+ per year with gas).

            Comment


              #7
              The rent is due when the contract says it's due, and, unless the contract specifies it, there's no mechanism for a refund.
              Advance rent is normally not refundable.

              In this case, the landlord/agent may want to encourage you to leave the property early because they can't start a tenancy in that property legally after April 1st without risking a £2000 or £4000 fine.
              And 9th March to April 1st isn't long (with Easter in there).
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                We stayed because my husband said they would probably take it from the deposit anyway... Also he works away 5/7 days a week so it's been difficult to find somewhere suitable with 3 little ones under 5 when i have no car to view and we are moving 35 miles away nearer to his work.

                It's oil heating and its cost us 1800 for the year. It's ridiculous. And with the cold weather it has to be on a lot with babies.

                They didn't tell us it would be this expensive, we asked the previous lady and she said that she was moving to another oil fuelled house and that she didn't know the cost as her husband dealt with it but "didn't think it was that much". She was clearly lying as this is not something that goes unnoticed.

                The estate agent that showed us round said the F rating was something to do with lightbulbs which in hindsight is an absolute joke. I guess we just didn't think it was legal to put a family in an icebox and didn't think it would be this bad! (Lesson learnt)

                The house is mouldy in some breezy corners where furniture is. We found a big box of specialist mould remover in the garage which they clearly used before we moved in. There is cold breeze blowing through the skirting and windows in my son's room so he sleeps in our bed while I sleep on the sofa.

                It's just been crap living here. The shower door was loose and fell off into the bath and cracked it and the estate agent sent two contractors to quote it and they came back with £745/810 pricings. The estate agent got pissy with me when I said I would get another opinion. Said their opinion was that it was impossible to get it repaired and we would have to replace it. I looked online and got it repaired perfectly for £180.

                The landlord has also placed a planning page outside, he plans to knock the property down and rebuild it. It has only had one viewing. I don't like the idea that they would rent it out in its current state. I will pay but I very much resent doing so. Can' wait to bloody leave. They can heat the crap hole with whatever oil remains. Once I'm in my new EPC B rated place I'm not coming back.

                Comment


                  #9
                  Originally posted by Hollymou12 View Post
                  We stayed because my husband said they would probably take it from the deposit anyway... .....
                  So you both planned to break the contract terms: Think about that for a minute.

                  Do you need a reference from landlord/agent to move into new place?

                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                    #10
                    Holly, on other grounds I think you are being a little unfair. In your earlier thread you wrote that the agent agreed that:

                    "I’d like to work on the basis that the tenancy will expire on 9th March .... unless we find a new Tenant to occupy before that date."

                    You can't want them to operate on the basis above (that if they find another tenant they will absolve you of rent and other costs such as heating)
                    and
                    also simultaneously complain that they are advertising it.....

                    Comment


                      #11
                      Holly, the LL makes a Plannjng Application for a rebuild, it is Council that is required to advertise it locally. Most renters/buyers have a minor rent/mortgage overlap on completion.
                      Please moderate your language and save us from your swearing/expletives. You were ill-advised.

                      Comment


                        #12
                        Originally posted by Hollymou12 View Post
                        They didn't tell us it would be this expensive
                        I think that they did more than you suggest.

                        They gave you an EPC with an F rating.
                        That document gives you the expected energy costs.

                        Almost no one ever checks this, so it's not unusual for people to be taken by surprise.
                        But you can't say you weren't told.
                        Last edited by jpkeates; 15-02-2018, 09:55 AM. Reason: made stupid errors
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          At the moment the only certainty you have control over is that you can occupy the property until the 9th of March. Rent should be paid until then. Complaining about the cost of heating doesn't absolve you having to pay rent.

                          If you don't want to be liable for rent on two properties, don't rent two properties.

                          You need to agree with the LL that you can leave earlier than you said you would in the Notice. If they want the property back earlier (for what ever reason) then they would be foolish not to agree.

                          You are still liable for rent. If you're so desperate (for what ever reason) to not pay a full months rent then at least pay 15-days worth (for the 9th to tthe 24th). I would calculate this by dividing your yearly rent by 365 and then multiplying it by 15. I would also ensure that you have cleared you property out, cleaned, had the check out inspection done and you have returned [all] the keys on the 24th.

                          Your LL may still decide to pursue you for unpaid rent, if they do then you will have to defend yourself, you may also still be found liable [by a Court].
                          There is always scope for misinterpretation.

                          If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                          Everyday is an opportunity to learn something new.

                          Comment


                            #14
                            I paid the rent. We never wanted to break the contract we just wanted to know what our options were.

                            We weren't aware the EPC was a readable document, we thought it was just a rating. Live and learn. Thanks for all the responses. Sorry for swearing, didn't even realise I did.

                            Comment

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