Landlord ending tenancy a week early but still wants full rent, do I have to pay?

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    Landlord ending tenancy a week early but still wants full rent, do I have to pay?

    So, I'm in a 12 month tenancy (24th Feb 2014 - 23rd Feb 2015). We have a 6 month break clause requiring us to give 2 months notice to leave early.
    We gave 2 months notice on the 23rd of November and the Landlord accepted that the tenancy would end on the 23rd of Jan.
    We are actually leaving the house on the 12th of Jan but the landlord wants us to pay the full final month. Thats fine.
    But...... She now says that she can only check us out on the 17th of Jan, a week before the tenancy ends. That's fine for us as we are out anyway but she STILL wants us to pay £200 for the last week even though she has done a POST tenancy inspection and we have given meter readings etc...
    If I withhold £200 from the final rent payment on Dec 24th will she have reason to deduct it from our deposit? My understanding is that the tenancy now ends on Jan 17th??
    Thanks in advance

    #2
    Without seeing EXACT wording of break clauses & your notice it is difficult to be certain...... but..

    Assuming your notice was valid then tenancy ends 23rd.

    That you leave early is irrelevant - unless new tenants move in before 24th.
    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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      #3
      The check out is not the end of the tenancy (maybe the landlord is going on holiday afterwards).
      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).

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        #4
        Originally posted by tomdkelly View Post
        If I withhold £200 from the final rent payment on Dec 24th will she have reason to deduct it from our deposit?
        Yes. You are leaving the property on the 12 Jan, but you have given notice which has been accepted that means the tenancy ends on the 23 Jan. You have accepted that the Landlord wants you to pay the full final month already, so nothing has changed... if you moved out on the 12 Jan and the check-out was on the 12 Jan also, would you question have still arisen? I suspect it might not have as you'd already accepted rent would be paid for the full final month. The issue around the check-out being done on the 17 Jan, as opposed to 23 Jan or 12 Jan, seems like noise / complication - it is certainly not done "post tenancy" but it is being done "post your departure". You still have a tenancy until 23 Jan. Hope that helps.

        If it makes you feel any better... I would be taking meter readings on the last day of the tenancy, not when you have chosen to depart, and I'd be asking you to pay up until that time - the same goes for Council Tax.

        However, as mentioned, you should be aware if new Tenants are moving in before your tenancy ends... as that would be double-bubble for the Landlord (and that is not cool).

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          #5
          You have to pay to the end of your notice unless you agree to a reduction to allow early marketing/tidy up of the property or there is something in your contract.

          Personally I would not hand the keys back until the last day on the grounds that it is still my responsibility to that day.
          Long suffering Landlord.

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            #6
            Thanks for all the replies.

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