Ending my Tenancy

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    Ending my Tenancy

    I have entered into a Shorthold Tenancy Agreement with a fixed period of 12 months. The commencement date is 24th June 2005. I had paid a week's rent to the end of the month at the time so that I my monthly standing order for rent comes out of my bank account on the last day of each calender month.

    In the agreement that I naively signed it refers to the provisions in the Housing Act 1988 for the parties rights to bring the tenancy to an end.

    I have served adequate notice to the landlord of my intentions to move out on the 16th of August. He has demanded that I Will be liable to pay to the end of the month (31st August 2006, and only made me aware of this situation today and this equates to an unexpected extra £485). Am I really legally liable?

    But I moved in to the property on the 24th of the month. If the tenancy must terminate on the last day of the rental period, wouldn't this mean the 23rd August 2006?

    Do I have any ways around this? say find suitable people to move in when I move out, or let the Landlord find tenants.

    Any comments would be greatly recieved and appreciated.

    #2
    You are absolutely correct with your dates, 23rd of August is the date you are legally liable up until. There are several options available to try and mitigate this loss. However, for this short a length of time, such options are pretty much academic. You will pretty much just have to take the hit of the weeks rent.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


      #3
      Many Thanks for your reply Mr Shed.

      Are you a Landlord or a tenant?

      I haven't responded to the LL request for rent to the end of the month. But If I take the approach that you haev sugggested could he argue that the monthly rent is due on the last day of each month covering the period for the 1st to the last day of each month therfore the 'Rental period' is to the end of the month and I should honour payment of rent to the end of the month.

      I am confused, are u suggesting also I take the hit and pay him to the end of the month as 'weeks' is plural.

      Regards,

      Comment


        #4
        Yes, it's incorrect English.

        I understand it to mean "week's rent" which is the rent for one week ie 16 - 23 Aug.

        You need to tell us when you actually gave notice to terminate please.

        Comment


          #5
          Thanks Poppy,

          I gaved notice to the LL on the 15th July 2006 and he duly acknowledge receipt and called me to say that I should call him 2 days before I move without letting me know that he is demanding rent for the reaminder of August. Had I know at the time I would be able to rearrange to move towards the end of the month.

          Its a shame taht its now too late to do that.

          Comment


            #6
            Do you have a receipt for the odd week's payment you made at the beginning of the tenancy?

            The way I understand all the posts is that you are only liable up until the
            23rd August and he cannot claim for any rent due after this date.
            Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

            Comment


              #7
              Yes I still have receipt of the week's rent at the start of the tenancy.

              I was oblivious at the time, but I seem to understand the relevance of asking me to pay for the week (24th - 31st June 2005) at the start of the tenancy. I think his intentions where to shift the tenancy payment period so that each period begins on the 1st of the month.

              What purpose will the reciept serve?

              On the cover sheet of the Tenancy Agreement it even state that the commencement date '24th June 2006' and ' a term certain of 1 year from the commencement date'

              Legally speaking, can he shift the tenancy payment period by asking me to pay the first week's rent. then if that is valid then my TA has wrong dates on it, now it just means that the fixed term is 1 year and a week!!!

              I think that is where the confusion lies...

              Comment


                #8
                He is saying that the even thought hat the date I moved in was 24th, I paid a pro-rata rate to see me through to the end of the month. and thereafter rents were collected and covered for the 1st to the end of any month.

                and base on that he has a right to recover rent for the period from the 17th to the end of the month when I will be gone.

                Is he right in this?

                Comment


                  #9
                  I'm interested in the outcome of this because as a landlord I basically do the same thing - I want my tenancies to run on a calendar month basis, with rents due and payable on the 1st.

                  So if a tenant moves in on 20th of January, I'd issue an AST with the following clauses:

                  "You will have the property and the furniture for 6 months, plus the the part-month 20-31 January, ie

                  from 11:00 am on 20 January 2006 to 11:00 am on 31 July 2006

                  If, at the end of this time, you want to continue the tenancy and you have not already received from us two months’ notice to end the tenancy, it will carry on from month to month as a monthly contractual tenancy. You must give one month’s notice to end it. This notice must be given to expire on a rent payment day."
                  and

                  "The rent must be paid in advance and is due on the first of each month."
                  So I expect notice to be given (either way) at the end of the month, not on the anniversary of the tenant moving in.

                  Is what I'm doing kosher? Or could a tenant object if they particularly wanted to leave mid-month, on the anniversary of moving in?

                  Comment


                    #10
                    When this has come up before, the answer has always been that the tenancy must terminate on the last day of a rental period. The rental period is as stated on the orignal AST, which in this case is monthly, commencing on the 24th of each month. The tenancy therefore must terminate on 23rd of the month.
                    Any arrangement, made between tenant and landlord after the AST has been signed, for the rent to be paid on the first of each month is OK, but doesn't alter the fact that the legal rental period commences on 24th of the month.
                    So, the tenant giving notice on 15th July for the tenancy to terminate on
                    23rd August cannot be faulted.

                    Comment

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