Rent outside of contract

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    Rent outside of contract

    Hi
    I'm a student and have just been contacted by the estate agents for my property to pay two months missed summer rent (July and August 2021) and am a bit confused since the contract on my house ended in may 31st 2021 , i had gotten my things out of the house and left the key behind. A new contract was drawn up where under the "initial period" it states we are students starting on the 1st September. the fixed term also runs from 1st September to 31st may 2022. The contract also sets out each monthly payment of rent running from September to May and makes no mention of the summer months in which no contract had been signed. Have i got to pay this outstanding rent for those two months?

    #2
    Was anyone else living in the property with you?

    Are you sure it was a fixed period rather than an "initial period" and what did the tenancy agreement say would happen when it ended?
    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


      #3
      The initial contract stated the fixed period ran until may 31st 2021, a couple of others stayed after this date as I'm aware you can do this with still paying the monthly rent, but i chose not to. With the new contract the fixed period began on 1st September 2021 and made no mention of rent for those months in between when the last contract ended.

      Comment


        #4
        Originally posted by lomo97 View Post
        The initial contract stated the fixed period ran until may 31st 2021, a couple of others stayed after this date as I'm aware you can do this with still paying the monthly rent, but i chose not to. With the new contract the fixed period began on 1st September 2021 and made no mention of rent for those months in between when the last contract ended.
        If it was a joint tenancy, no you can't. So the key issues are:
        a) Was this a joint tenancy - all of you signed the same tenancy contract and rented the whole place , not just a room. ?
        b) Did you personally notify them formally that you were wanting to end the tenancy? Otherwise it may not have ended depending on what happened.
        c) Did you personally stay even one day beyond the initial fixed term even if you did (b)?

        Comment


          #5
          a) After may 31st ended the original agreement, one of our tenants had completely vacated as the contract had ended. Another had intended to stay until september. There had been no new agreement signed yet
          b) I hadnt notified the agents that i was vacating since the contract had ended and since i hadnt signed a new agreement i wouldnt have had access to the property anyways, so i got my stuff out and left my keys behind.
          c) i didnt stay past may 31st when the contract ended.
          The thing that confuses me is one contract had ended and i hadnt signed another one until late august which made no mention of any rent due for july and august, it set out each rent payment beginning from september. Thing is this is all complicated and i dont quite get all the finer details, it didnt make sense that i was paying rent on a property that technically due to the lack of signed agreement for those months i couldnt live in or have access to

          Comment


            #6
            Originally posted by AndrewDod View Post

            If it was a joint tenancy, no you can't. So the key issues are:
            a) Was this a joint tenancy - all of you signed the same tenancy contract and rented the whole place , not just a room. ?
            b) Did you personally notify them formally that you were wanting to end the tenancy? Otherwise it may not have ended depending on what happened.
            c) Did you personally stay even one day beyond the initial fixed term even if you did (b)?
            Also i noticed in our first contract it sets out the intial period as a three month period where reduced rent is paid
            in the new contract for 2021-2022 the date under initial period is the same date as the beginning of the fixed term Quote:
            "Intial Period: You are students whose academic year begins on September 1st 2021" and makes no mention of anything before this

            Comment


              #7
              You need to answer whether this was a joint tenancy or not. But either way it would have become a periodic tenancy so the tenancy never ended - because you never ended it (if not a joint tenancy) or your colleague stayed on (if it was joint tenancy).

              There is no need for a new tenancy agreement to be signed.

              I can understand why you got yourself into this position. Unfortunately politicians are intent on creating a dense meshwork of ill considered laws that mess people up - but it is not the job of the landlord or agent to explain the law.

              What is not clear however is why they ended it at 2 months if you did not give notice? - In fact they had no right at all to initiate a new contract with anyone else until your tenancy had ended (which has NOTHING to do with the dates on the contract).

              Comment


                #8
                this was a joint tenancy i believe, me and 5 others were listed on the original agreement. Why does it become a periodic tenancy and not just end? as i had gotten my stuff out and left the keys as well?

                Comment


                  #9
                  Originally posted by lomo97
                  So because my colleagues stayed on even though i left the terms still stand?
                  Yes.

                  After it becomes periodic (which it will as a matter of law unless EVERYONE leaves) you can give 1 month of notice - but otherwise it continues forever. You remain jointly liable for the WHOLE of the rent - so you could be sued not just for your rent but all the rest of the rents as well.

                  Comment


                    #10
                    Thankyou so much that has cleared it up completely. Thankyou for your help

                    Comment

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