Paying rent in lieu of notice

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    Paying rent in lieu of notice

    Hello all! Any help with this matter would be greatly appreciated!

    I have been living in a rented flat for over six years, it went from a 6 month AST to a rolling periodic. When I first moved in it was after a bad breakup and a nervous breakdown coupled with my mother being very ill, I needed a place quickly and snapped it up when it came my way. The landlord never asked for a deposit, no handover inspection occurred (the outgoing tenant had not even left the property when i had the keys to move in which made for an interesting evening!) but I was just glad for a roof over my head despite all the neon red flags! Over the past few years things have been OK, the landlord has never once come round but sends a builder to deal with issues (patch things up to be frank, for example - the builder wanted to redo the whole roof but was instructed to just replace a few tiles, that kind of thing), I wouldn't say he was a slumlord, just uninterested.

    Over the years my mental health has drastically improved but my physical health has now deteriorated and I can no longer manage all the stairs. A friend has offered me the chance to take over her home while she moves abroad long term but I have to be in within a two weeks. I've managed to procure all the help I need to move. Where would i stand legally if I gave the required month of notice but paid the rent instead of lived in the property for the period? i don't want to 'do a runner', I want to pay for the period as required but i can't physically be there for the period. As usual i haven't been able to get hold of my landlord to discuss it with him as yet, so my thoughts were to write a letter giving notice, but tell him i won't be there and just pay him the rent to cover the period plus an extra £100 for a cleaner as I can't physically manage it (it's only a bit dusty!).

    Would this be acceptable form a legal standpoint?

    #2
    Yes, perfectly acceptable, your landlord should be grateful to you for this, I would only qualify this in that £100 may not cover the cost of getting the place back to the standard he requires.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      No one can make you physically live in the property.
      What you want to do though is to inform the landlord in writing of your intentions(keep proof), as any insurance he may have on the property may be compromised.

      If you hear nothing, turn off the water at the stopcock, and check back once a week until your notice period is up.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        I disagree - sort of.

        Yes OP can serve valid NTQ on LL, at AST 'address for serving Notices', min 1 month expiry after date of Service (receipt) and to expire on last day of relevant rent period. Until that date T remains resp for rent AND property. (TA prob has a clause that states T cannot leave the property unoccupied for more than 2-3 weeks - Insurance) Prob best if T returns to check property each week, during this period.

        Comment


          #5
          Completely acceptable - if they choose not to make contact or take back possession of the property ASAP then check in once a week until the date comes. If they do take it back early with your rent payment for the full month, make sure you get it in writing that they have received your notice to begin with and that they agree to let you vacate __ weeks early.

          If no deposit was taken and no inventory exists, they cannot prove the state and condition of the property before you moved in so the standard of cleanliness would not matter. If you had paid a deposit, I am sure most things after this length of time would be classed as fair wear and tear. The additional £100 for cleaning should be much appreciated, most people wouldn't bother. I would say just ensure things like the kitchen is reasonably clean + the oven and the bathroom as that is what would usually cost most to cean should someone be hired, alongside any carpet cleaning.

          Comment


            #6
            What about council tax?

            Comment


              #7
              C Tax is liability of T (unless HMO) is resp of T until Tenancy is legally ended.

              Comment


                #8
                Council tax is the tenants responsibility during the fixed term whether residing in the property or not. If the tenancy is periodic and the tenant no longer resides in the property than c tax is no longer their responsibility. However your tenancy agreement may say something about this.

                Comment


                  #9
                  Thanks for all your help! I'm physically moving out next week and as I still have not been able to contact the LL I'm putting everything in writing and sending it recorded delivery along with the keys. Is it wise to put in the letter "As no handover inspection was conducted or inventory made by you or your agents at the start of the tenancy, I list items that were within the unfurnished flat when my tenancy began and will remain at the end of the tenancy (wear and tear should be expected due to length of my tenancy and the previous tenant’s tenancy): One four ring/hob electric oven" as that was the only item in there at the time and there is nothing in the tenancy agreement that states otherwise? I'm also considering listing the repair issues discussed with his handyman when he last visited that have not been completed (minor things such as a replacement door handle in the bathroom and repainting of the walls), or should I just leave these things out?

                  Comment


                    #10
                    Personally, I would not send it recorded delivery.
                    Just send it normal mail and get the Post Office to give you a free certificate of posting.

                    If you send it recorded delivery is not delivered, it will be returned to you, and you have the headache of what to do next.

                    I would forget all else about hob, painting not done etc.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment

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