Landlord asked for the keys a month before the contract ended, rent!!

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Landlord asked for the keys a month before the contract ended, rent!!

    Sorry if this is really long winded!

    I am a graduate who is now living with my parents, but for 2 years I lived with 3 other students, 2 consecutive 12 month contracts both starting September 10th 2017 and 2018. So as the title states, my landlord asked for the keys exactly a month (10th August) before the end of our tenancy (10th Sept 2019).** I know that one of my housemates was planning on living there for longer (we'll call her C) but had to move out due to this, however I moved out at the beginning of July which the landlord was aware of (sorry I'm not sure if this info is relevant).

    Me and one of my housemates (R) paid the rent in advance to cover until the end of the tenancy, so we have paid for August 10th-September 10th's rent. The other two housemates (W and C) pay their rent monthly so have not yet paid August's rent, to my knowledge.

    So what I'm actually asking is, am I correct in thinking that R and I made an over payment of August's rent which we should be able to claim back from the landlord? The contract doesn't state these conditions about keys being collected by the landlord a month early.

    Extra info- I have already emailed the landlord about this, he said I am not due a repayment because "a landlord cannot rent a property for 1 or 2 months, it has to be 12". But R and I have paid for a month where the house is not ours anymore- there is building work going on in our rooms and they have landlord has our keys.

    I'd appreciate any help, if it's not obvious already I have no idea what I'm talking about.x


    Just a p.s- The reason for me posting this is that I want my rent money back lol. I have no need to live there through August, I just feel it isn't right that I can't get my money back if the landlord has essentially cut our tenancy a month early in order to sort out the house to be put up for sale.

    ** EDIT: August 1st, the landlord emailed my housemates and I asking for the keys to be returned to the letting agency for the 10th August. I sent mine in the post, along with an email inquiring about the rent issue. I only received a reply from him YESTERDAY!! 11 days after I sent the keys and the email.

    #2
    Very dodgy! As you seem to have 12 month fixed periods, the landlord cannot even start seeking possession until the full 12 months are up.

    Landlords can rent for less than 12 months. 6 months is what is advised on this forum, after which let the tenancy go periodic. It is possible to rent for fixed terms of less than six months, although some practical considerations mean this is not usually useful for the initial fixed period.

    12 months is a figure preferred by agents, although it might also make sense for student lets, as re-letting the property half way through the academic year may be difficult.

    Comment


      #3
      Why did you return the keys? I would ask for them back, and if he declines you are I think entitled to break into your own home. So do so, and then get the lock changed (only if he understands the consequences of refusing to return the key). I would also contact the police you may be able to accompany you on entering your home.

      On the other hand if you actually want your money back, present him with that option, in writing and involving the police.

      Comment


        #4
        Originally posted by AndrewDod View Post
        Why did you return the keys? I would ask for them back, and if he declines you are I think entitled to break into your own home. So do so, and then get the lock changed (only if he understands the consequences of refusing to return the key). I would also contact the police you may be able to accompany you on entering your home.

        On the other hand if you actually want your money back, present him with that option, in writing and involving the police.
        Thanks for the reply! I returned the keys because he didn't give much notice, I wanted to be entitled to possibly claim the rent back and I mentioned this in the email to him about returning the keys. Haha to be honest, I don't need to live in the house anymore as I'm living back at home with my parents. The fact that the landlord is saying that I didn't make a rent overpayment is where I feel a bit iffy about all of this because he ended the tenancy a month early with about 10 days notice. I just want the dolla.

        Comment


          #5
          Originally posted by leaseholder64 View Post
          Very dodgy! As you seem to have 12 month fixed periods, the landlord cannot even start seeking possession until the full 12 months are up.

          Landlords can rent for less than 12 months. 6 months is what is advised on this forum, after which let the tenancy go periodic. It is possible to rent for fixed terms of less than six months, although some practical considerations mean this is not usually useful for the initial fixed period.

          12 months is a figure preferred by agents, although it might also make sense for student lets, as re-letting the property half way through the academic year may be difficult.
          Thanks for your help. I understand this, to my knowledge the landlord was eager to get the house on the market as a mortgaged house rather than a shared student house as soon as possible, which was the reason he cut our tenancy short by a month.

          Comment


            #6
            Was the tenancy a single agreement for all four of you or did you have an agreement each?
            What does the last tenancy agreement say about the term of the agreement (if you could quote the exact definition of the term, that would be helpful)?
            Was there a tenancy deposit and has it been returned?
            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


              #7
              I think the main issue here is that you had a 12 month contract so you have to pay for that 12 months.

              If you leave early then that's your choice, you still have to pay what you contracted for.

              The issue of the keys is seperate, and as others said you shouldn't have returned them until the 12 months were up.
              And the landlord should not re-let the place until the 12 months are up.

              In a nutshell:
              You have a contract for 12 months, which gives you the the right to live there for 12 months, but you have to pay for 12 months whether you are there or not.

              You can agree with the landlord to vary that and leave early by mutual agreement, but if either of you don't agree then the contract stands.

              In this case it looks like you have agreed to give up the keys early, but he has not agreed to repay the rent, so the 12 month contract still stands.

              Comment


                #8
                The landlord can't charge rent if the tenancy has ended early (which reletting the property pretty much confirms).

                The tenancy agreement probably doesn't cover what happens to rent paid in advance if the tenancy ends before the end of the term (because that shouldn't really happen).

                But without the answers to the questions in #6 there's nothing much we can say to help.

                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

                Latest Activity

                Collapse

                • Payed rent can't move in to my room
                  StudentRenter
                  Hi, so I have payed this months rent and could of moved in on the 2nd September but I had work so I am moving in on the 28th, but got a message today say my room is still damp and the bed has been moved to the living room, also he does not know when I can move in to that bed room btw the girl before...
                  28-09-2019, 00:19 AM
                • Reply to Payed rent can't move in to my room
                  Snorkerz
                  It was your 'fault' you didn't move in on 2nd Sept, so usually the answer would be - tough, you need to pay.

                  However, as the room is uninhabitable and you never started the tenancy (moved in) then imho your landlord can't charge you for something he has been unable to provide. You can...
                  01-10-2019, 09:16 AM
                • Reply to Payed rent can't move in to my room
                  AlexR
                  You have given a couple of clues as to what may be going on here but advice has to be limited because of lack of background information,

                  Firstly, as the landlord says the room is still damp then he must know that it was damp and have an idea what caused it. If he knows what has caused it...
                  30-09-2019, 19:38 PM
                • Reply to Payed rent can't move in to my room
                  DPT57
                  What outcome are you hoping for? Do you want to unwind the contract or just live elsewhere until the room is habitable? Either should be possible and as long as you pay rent, the landlord would be obliged to pay your reasonable costs to live elsewhere in the meantime....
                  28-09-2019, 16:22 PM
                • Non paying tenant & court
                  Doris66
                  I signed a joint tenancy agreement with 3 other students. 1 of them dropped out after paying the 1st months rent. The contract was joint & severally liable. After a few months of us trying to find a replacement, with no chance! The letting agents called us for a meeting as to how we could pay...
                  23-09-2019, 18:20 PM
                • Reply to Non paying tenant & court
                  jpkeates
                  The arrangement between the tenants is nothing to do with the tenancy agreement or the document.
                  It's to do with the agreement that they must have made to somehow share the costs, for which the tenancy agreement is simply evidence.

                  What the split was and how it was agreed will be...
                  25-09-2019, 07:50 AM
                • Reply to Non paying tenant & court
                  theartfullodger
                  Clearly morally that's correct.

                  But, please, where in any document has the drop-out agreed to any particular proportion of the rent?

                  Surely the whole point of joint & several tenancies is that each tenant is sue-able for the whole lot? And if the split is defined in AST...
                  24-09-2019, 15:44 PM
                • Move in date moved on morning of move.
                  J Dut
                  My son had a call this morning telling him he couldn’t move in to his student let this afternoon because they haven’t completed the checkout after the previous tenant. He was told this would be done a week ago.

                  He is already in the area and we were on our way with his belongings when...
                  21-09-2019, 12:25 PM
                • Reply to Move in date moved on morning of move.
                  AndrewDod
                  Do let us know the outcome here.
                  24-09-2019, 10:53 AM
                • Reply to Non paying tenant & court
                  jpkeates
                  You have every right to sue the missing tenant.
                  All three of you would have to take the action (which could be done using the small claims court).

                  The tenant agreed to share the cost of the property with you and then reneged on the deal.
                  You should sue them for a quarter (or...
                  24-09-2019, 08:13 AM
                Working...
                X