Pro-rata rent

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    Pro-rata rent

    In December I moved into a 'spare room' expecting to only be here for three months (I'd returned from overseas and had hoped to rent an apartment in a retirement home but there wasn't one available at the time). Covid-19 then took hold of all our lives and I've been here ever since paying a month's rent in advance on the 21st of each month which takes me through to the 20th of the following month. I was recently offered a place elsewhere so submitted a month's notice on the 14th September with the intention of leaving on the 13th October when my new rental begins. My landlord, who will not be letting the room when I leave, has asked for the rent to be paid up until the 21st (of October) which means I would be paying for eight extra days past the end of my departure. I've always assumed, having taken in lodgers myself in the distant past, that once notice is given as agreed, that the lodger isn't expected to pay beyond that (or, indeed, a tenant unless it's an AST tenancy). My understanding, according to Shelter and the CAB, is that I'm what's known as an 'excluded occupier', i.e. one who shares facilities but neither website has the information I need. Working out the pro-rata rate for eight days is a considerable amount for a pensioner and, if my landlord was going to let the room again, then he would get paid twice. Surely this can't be right?

    #2
    I don't think it is right. Stand your ground

    Comment


      #3
      Thank you flyingfreehold - I don't see how it can be. I'm surprised that there's no clarification on this and that even the people who run 'Spare Room' don't know.

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        #4
        Do you have any kind of agreement that might have details about notice or rent?
        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


          #5
          I'm not aware of any legislation covering this for licensees or excluded occupiers, so as jpk suggests, it likely to be down to any agreement you signed or whoever shouts loudest.

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            #6
            No - there was no agreement other than to give a month's notice which I've clearly done. When I moved in, the previous lodger just was moving out. The room was not cleaned in the interim period (granted, less than 30 minutes) and was, frankly, filthy as were the bathroom and the kitchen. It was just before Christmas so I was able to clean these areas while my landlord was away for the holiday. The mattress was covered in dog hair and smelled of urine. I vacuumed and disinfected it and bought a mattress topper. I could still feel the springs and have been sleeping on top of my duvet wrapped around me ever since, much like a sleeping bag. I've no chair or table to sit at other than an armchair in the living room that stinks of dog. In the time that I've been here my landlord has never washed up or cleaned the toilet or the bath (which I have to clean first if I want to use it). I actually feel like an unpaid housekeeper. Also, to ensure that we all ate healthily during the lockdown I cooked, at least five times a week and I'm often left to look after the dogs while landlord and partner go away - there is no remuneration. Yes - I've allowed myself to be taken for granted hence resenting the suggestion that I should pay for additional days beyond the month's notice.

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              #7
              If you havent paid a deposit then I would be inclined to just pay up to the 13th and see if she sues you.

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                #8
                If the agreement was a month's notice, which you've given, I don't see that there's any basis on which you can be charged any rent after it expires.
                On a practical level, if the landlord refuses to accept that and tries to keep any deposit, be prepared to use money claim online to compel the landlord to return it.
                The landlord would have to show where you had agreed to pay the extra days, and, from what you have said, they can't.
                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


                  #9
                  I paid a deposit which he's deducted from the final month's rent - what he hasn't deducted are the additional days. Perhaps I should invoice him for all the dog-sitting (ten days on this occasion and two of them aren't house-trained).

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                    #10
                    Please copy & and paste https://forums.landlordzone.co.uk/fo...om-new-posters.
                    Rent in advance for a tenancy period is not normally refundable.
                    How much is 8 days rent?

                    Comment


                      #11
                      Originally posted by mariner View Post
                      Please copy & and paste https://forums.landlordzone.co.uk/fo...om-new-posters.
                      Rent in advance for a tenancy period is not normally refundable.
                      How much is 8 days rent?
                      It's not an tenancy, it's a lodger agreement.

                      Comment


                        #12
                        It works out at just over £65.00, half a week's pension before anyone suggests it's a minimal amount - and I'm what's referred to as an excluded occupier in lodging terms so no fixed term agreement, just a month's notice.

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                          #13
                          Send the landlord a Letter Before Action demanding the return of the funds deducted from the deposit. If he refuses, use MCOL to sue.

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