final rent due- is this a rip off?

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    final rent due- is this a rip off?

    Hi

    I'm a newbie so this may be the wrong thread for this however can anyone
    advise on the following:

    I have been in my private rent apartment for 11 months, was supposed to be a long term thing and then landlord decides to sell! So I'm having to move yet again.

    My rent is due monthly on the 4th however my tenancy ends on the 18th so I have asked the letting agent to let me know the pro rata rent due from the 4th to the 18th (or the 5th till the 17th as I'm not sure how it works).
    However the agents are saying I should pay the whole month as normal and
    they will then refund by cheque with my deposit!!

    I have said "no chance!" I cannot afford to pay them a month plus pay a
    month in advance for my new property. As it is they have my £1200 deposit and I will have to pay the deposit for the new property before I get
    this back.

    There is nothing in my tenancy agreement to suggest this is law and I
    honestly think its disgraceful business practice.

    However am I wrong? Do they have good reason to ask for this? Legally can
    they?

    Thanks for any help x

    #2
    They don't have to tell you the pro-rata amount, but you can work it out, and pay it yourself.

    What date did your tenancy begin?
    How long is the fixed term?
    When are you moving out?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Tenancy began August 4th 2011 and I'm handing keys back on July 18th, (new tenancy starts July 13th).

      I'm not sure how they calculate daily rate, is it rent divided by 30 days or 28?

      Comment


        #4
        How was notice given (& by whom) to end the tenancy on 18th?? Was it accepted by the other party?? Did you have landlord's agreement to end tenancy & liability for rent from 18th (rather than from 3rd of month)??
        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


          #5
          Why do you think you are entitled to a refund or pro rata rent? Your tenancy month is from the 19th to the 18th, regardless of when you pay your rent, and I understand that you are staying for the full month. I get my salary on the 21st but that is my salary from the first day of the month, to the last day.

          How long was your fixed term? If you wanted a long term let, you could have signed for a 2-3 year fixed term and not a 6 month one or 12 month one. Has the landlord given you appropriate notice? Wanting to sell doesnt mean he can chuck you out anytime
          All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

          Comment


            #6
            Yes landlord and I have agreed to end tenancy slightly early- he wants vacant possession & I have found a property which will be ready for the dates mentioned, July 13th. Notice was served by the landlord, I think, (I emailed the agents stating the date I wanted to vacate but the notice subsequently sent by
            them says "notice requiring possession.)The notice states that he require possession on the 18/7/12.

            The reason I think I should pay pro rata rent is because: I have paid up until July 4th and so I
            believe I should pay the difference between the 4th and 18th when I leave. Im not obliged to pay until the end of my fixed term as we have mutually agreed to end it early.

            Not sure what you mean about my tenancy month running from 19th-18th? It runs from 4th-3rd?

            Finally with regards a long term contract I havent rented before, I split up with my partner and cant afford a mortgage alone! So I thought 12 months was longest I could get. I'm doing 12 months on my new place too, perhaps I need to ask for longer?

            Comment


              #7
              In your shoes I'd simply send them a cheque/bank-transfer with the pro-rata amount.

              You have landlord's agreement IN WRITING (?? ) - email should be OK ..

              I agree tenancy runs 4th-3rd.

              Only issue would be if you (still) need a "good" reference from them.

              Best wishes with your next letting..

              btw unless there was a "Break clause" in the tenancy allowing LL(& tenant) to end tenancy early I don't think his notice was valid, but that's by-the-by..
              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


                #8
                Originally posted by mkgirl View Post

                The reason I think I should pay pro rata rent is because: I have paid up until July 4th and so I
                believe I should pay the difference between the 4th and 18th when I leave.
                I don't know what you mean by "up to" the 4th July.
                If you mean you have paid up to and including the 3rd July, and your last day at the property is on the 18th, then you owe 15 days rent.

                To pro-rata your rent, use this sum, with monthly rent being "a".

                a x 12 / 365 = daily rent(d)
                d x 15 = Pro rata'd amount that you need to pay.

                I am not saying you are only due to pay the pro-rata rent, just that this is the figure you are looking for.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Originally posted by mkgirl View Post
                  The reason I think I should pay pro rata rent is because: I have paid up until July 4th and so I
                  believe I should pay the difference between the 4th and 18th when I leave. Im not obliged to pay until the end of my fixed term as we have mutually agreed to end it early.
                  Originally posted by mkgirl View Post
                  Tenancy began August 4th 2011 and I'm handing keys back on July 18th, (new tenancy starts July 13th).

                  I'm not sure how they calculate daily rate, is it rent divided by 30 days or 28?
                  Are you saying that the fixed term began on 4th August 2011 and ends on 3rd August 2012, but that you/LL have both agreed to end the tenancy early on 18th July 2012?

                  And the LL has agreed that you will pay rent pro-rata for the period 4th - 18th July?

                  Has any of this been agreed in writing?

                  (BTW, the daily rate is calculated by taking the total for one year and dividing by 365).

                  Comment


                    #10
                    Thanks for the pro rata calculations- I will work out and send a cheque.

                    My rent is "due" on the 4th of every month so I would be due to pay a month on July 4th.

                    I agreed with the landlord via the letting agent that if I let him have estate agent viewings out of my notice period then he would let me end the contract slightly early if I needed to. He was happy with this anyway as he would rather have the property empty as its a selling point. This was a verbal conversation.

                    On June 18th the agents issued me with a section 21(1)(B)- notice requiring possession. This states the landlord requires possesion on July 18th.

                    I have an email stating that I will have to pay the rent due from the 4th-18th but when I replied and ask what this was pro rata some other busy body got involved and started asking for a full months rent. She has just sent an email saying I'm legally contracted until the 3rd August even if I do leave on the 18th and so I have replied and said ok well legally your notice is in breech of my tenancy as you only give one months notice.

                    This is very very annoying as I have never missed any rent, I have kept the property in lovely order
                    and been really supportive of the landlords efforts to sell, e.g. having the place immaculate for
                    viewings.

                    Comment


                      #11
                      Sorry, I was under the impression the 18th was the date you got your notice for and that meant that the 18th was the end of your month date (if notice is correct). Sounds like your notice is invalid but if you are hapy to move out, that is fine.

                      Make sure you get agreement to leave early and pay rent pro rata in writing. Otherwise the law always makes you liable for full rent months and they can pretend they never agreed to it. Send them an email or a letter (I appreciate the short timescales) and say that since you agreed on the early termination to benefit them, you will be paying pro rata and you would like them to confirm the payment being £x. I wouldnt pay them and then expect a refund, since they already accept there will be one
                      All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                      Comment


                        #12
                        Thanks, sound advice.

                        I will draft a letter and send today. Appalling really considering I have more than kept my end of the
                        bargain regards viewings. This will be nothing to do with the landlord as he's a really nice, easy going guy, this is 100% the letting agents.

                        The notice is invalid because it was issued June 18th and requires possesion July 18th however I'm
                        happy with this but they cant have it both ways.

                        Comment


                          #13
                          Originally posted by mkgirl View Post
                          Thanks for the pro rata calculations- I will work out and send a cheque.

                          My rent is "due" on the 4th of every month so I would be due to pay a month on July 4th.

                          I agreed with the landlord via the letting agent that if I let him have estate agent viewings out of my notice period then he would let me end the contract slightly early if I needed to. He was happy with this anyway as he would rather have the property empty as its a selling point. This was a verbal conversation.

                          On June 18th the agents issued me with a section 21(1)(B)- notice requiring possession. This states the landlord requires possesion on July 18th.

                          I have an email stating that I will have to pay the rent due from the 4th-18th but when I replied and ask what this was pro rata some other busy body got involved and started asking for a full months rent. She has just sent an email saying I'm legally contracted until the 3rd August even if I do leave on the 18th and so I have replied and said ok well legally your notice is in breech of my tenancy as you only give one months notice.
                          The s.21 notice is indeed invalid, but it's not a breach of the tenancy contract.

                          You need to get something in writing from either the agent or LL agreeing to an early surrender and paying rent pro-rata for the period 4th-18th July, otherwise you could end up having to pay rent up to 3rd August. The email from the agent about rent only up to the 18th might not be enough - hard to know without knowing what it actually said. Bypass the busybody and go back to whoever it was who negotiated between you/LL.

                          If the LL/agent go back on what they said, and insist on you paying up to 3rd August, then you're entitled to remain in possession until then. If the LL/agent are wanting to conduct viewings you could perhaps use this as leverage - i.e. refuse to allow any until after the tenancy ends on 3rd August. I know your new tenancy starts on 13th July but you could nevertheless prevent viewings by changing the barrel of one of the locks (apparently this is cheap and easy to do) - just ensure you keep the old lock and reinstate it on 3rd August.

                          Comment


                            #14
                            Hi

                            I will do all of that. If they make me pay until the 3rd then they're not getting the keys until the 3rd. They want to do the final inspection on the 18th and have the keys back at that point but they really cant have it all ways.

                            Comment


                              #15
                              Clearly they have their own keys: CHANGE THE LOCKS!!
                              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...

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