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AIBU?

Not to pay my landlord?

84 replies

BeauMirchoff · 07/10/2016 23:09

If I'm BU, please fire away! But...
DH and I are renting and because we've outgrown the property (two young children), we've decided to move. We gave our landlord one month's notice on 1 October. We pay our rent every 10th. My understanding is that we now have to pay rent for the period of 10 October - 1 November. However, landlord is asking for the whole rent..? So until 10 November! And he says he'll give us back the difference when we move out... Surely we shouldn't be paying for the 9 days we're already going to be living somewhere else? And he should just calculate NOW what we have to pay exactly? We did give one month's notice, as required in the contract. AIBU not to pay the whole amount? It's such a bizarre request!

OP posts:

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FlyHighLittleBee · 07/10/2016 23:11

In every place I've ever rented, you have to give a months notice from the day you're rent is due. So if you give notice early, it will only count from your normal rent day. It should say in your tenancy agreement. I've rented a few places and it's said this in all of mine.

Cocklodger · 07/10/2016 23:11

Its an odd one, thats for sure.
I wouldn't pay. You've given appropriate notice, You're paying until the end of the notice period.

ChequeOff · 07/10/2016 23:11

How odd. Mind you, I think you're lucky that you only have to give 1 month's notice.

How much more is it for the 10 days?

Cocklodger · 07/10/2016 23:12

really, fly ? it seems very odd to me, I'm a LL and have never heard of this! happy to be corrected of course but I've always known it as a month from notice given (assuming they've left the property by the end of said months notice, if OP ran over by 9 days then I'd expect her to pay)

PoppyPicklesPenguin · 07/10/2016 23:12

I've always handed in a months notice and have never had to pay the additional days.

I guess it really depends on your contract, I've never seen a clause saying it has to be in line with the payment due date.

BeauMirchoff · 07/10/2016 23:13

In my contract it only says to give one month's notice. It doesn't stipulate the date when it should be done.

OP posts:

ChequeOff · 07/10/2016 23:14

Are you renting through an agent or directly with the ll?

OlennasWimple · 07/10/2016 23:14

Our lease agreements have been similar to FlyHigh's, in that the start of the month is the day the rent is due and we couldn't move out mid-month without being liable for the other days.

BeauMirchoff · 07/10/2016 23:15

The odd thing is that he's asking us to pay for the additional days NOW but then he'll return that money at the end bizarre!

OP posts:

MakeItRain · 07/10/2016 23:16

I agree that everywhere I ever rented, the one month's notice would always be started from the next rent day.

BeauMirchoff · 07/10/2016 23:16

Directly with landlord

OP posts:

QuintessentialShadow · 07/10/2016 23:17

"I've always handed in a months notice and have never had to pay the additional days."

I think it depends on the contract term. If you initially had a fixed term contract that went onto a rolling contract, or if you were giving notice in the final month of your fixed term. Then, it should be by the 10th of october to quit by 10th november, and it wont matter if you gave notice on the 11th September or the 9th October. On a rolling contract I would probably regard it as one month from date given. Hopefully somebody knowledgable will come around soon.

ChasedByBees · 07/10/2016 23:17

Seek advice from shelter or citizens advice.

QuintessentialShadow · 07/10/2016 23:18

He will probably return some with the deposit. Or return deposit MINUS the extra days.

Didijustgetwinkpointshitcanned · 07/10/2016 23:19

Yabu. It's a months notice from the day you pay your rent.

ChequeOff · 07/10/2016 23:20

did you pay a deposit? He may be wanting to hold onto it to cover any damage and return it if all is well.

It's also odd that you're not paying one month upfront which is the normal way. Because if you were paying a month in advance, you'll have already covered the last month so nothing to pay at all.

RabbitSaysWoof · 07/10/2016 23:22

Did he accept your notice in writing? My ex LL tried to keep a part of my deposit, it went to arbitration and the money was returned to me because my notice stated the date I wanted the contract to end on and he had accepted.
Apparently it's justified if the date isn't stated to assume that notice started on rent day, I was surprised.

froubylou · 07/10/2016 23:24

Your rental period runs from the dateam your rent is due to 1 month after. So you should give notice when you pay the rent.

I would ask the ll if possession ie hand back keys is better earlier for him and if so could you have a refund on the days. If he won't then don't give him the keys.

MatildaTheCat · 07/10/2016 23:25

My tenant recently moved out after having a lot of trouble finding a new property and I just calculated a daily rate for the last month. Check your tenancy agreement but if you have given the correct amount of notice he has the opportunity to find new tenants.

My previous tenant didn't pay her last months'rent and said to take it from her deposit. She was a shit tenant but apparently this is fairly common practice.

IcanMooCanYou · 07/10/2016 23:30

Have rented quite a few places and notice has always been a compromise/ discussion on both sides. Last place it was in the contract that the one month's notice was from the move in day of the month. E.g 2nd of the month. On 6th August we got confirmation of completion/exchange date for new place- in two weeks, so technically we would have had to have paid rent on 2nd of September then given a month's notice but negotiated just give one month's notice from 6th August by being open to viewing during that time.

However if LL hadn't agreed we would have had to have sucked it up: couldn't give notice until we knew completion date and rental contract clearly stated months notice from 2nd of month

IcanMooCanYou · 07/10/2016 23:33

Matilda- how did you take rent from deposit? Thought it had to go through deposit scheme???

PoppyPicklesPenguin · 07/10/2016 23:34

Here you go

help.letwithease.com/support/solutions/articles/3892-providing-notice-when-you-want-to-leave-your-rented-accommodation

Long winded but should have all the info you need.

If it says 4 weeks notice, and you have gone beyond your initial period or on a periodic tennancy you just need to give 4 weeks notice.

Otherwise your giving potential 5-7weeks notice.

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PoppyPicklesPenguin · 07/10/2016 23:36

And all landlords should have the deposit within a protection scheme he cannot just deduct the days when the tennant has given the appropriate notice.

gillybeanz · 07/10/2016 23:37

Fly is right and that's standard contract.
A month from when your rent is due.
So as your rent was due 10th october, you'll pay up to 10th November.
It should be in your contract, along with what you need to do before you leave.

BeauMirchoff · 07/10/2016 23:39

Thank you all for your replies. I have just checked my tenancy agreement and all it says is that 4 weeks' notice must be given.
Just to clarify: he is telling us to pay for those days now but he'll return that difference at the end. It's really odd. He's got our deposit to cover any damages so I'm not sure why he's doing this.

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