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End of tenancy

(26 Posts)
probablynotthesame Wed 14-Feb-18 13:16:57

Hello I hope someone can help!

I’m currently in a rental property and I have handed my one months notice in to terminate the contract on the 12th March.

I pay my rent monthly on the 20th. £1000

So my question is, as I won’t be paying for a full month on the 20th how do I work out how much rent I owe?

I’m on a standard short term tenancy agreement.

Smallpotatolove Wed 14-Feb-18 13:18:24

Your letting agent/landlord should tell you how much to pay.

probablynotthesame Wed 14-Feb-18 13:20:33

My landlord manages the property and i don’t trust to ask them. I’ve just found out they never put my deposit in a safety deposit scheme confused

specialsubject Wed 14-Feb-18 13:50:05

OK, you'll be suing them.

Get the how to rent guide off gov.UK to find out valid notice, because yours may not be. And also to get informed for next time.

ThereIsNoSuchThingAsRoadTax Wed 14-Feb-18 14:07:56

Well obviously you need to do something about the failure to put your deposit in one of the schemes. That could result in you being awarded 3x the deposit, but it won't because case law has undermined the original legislation and the LL can just put the deposit in a scheme as soon as you take action against them.
As for notice, you usually need to give a month's notice starting from the beginning of a rent period. So you cannot give a month's notice from 12th if you rent is due on 20th. You give notice from the 20th, meaning that you are entitled to no reduction in rent.

probablynotthesame Wed 14-Feb-18 19:22:26

Thanks for your reply’s. I wasn’t 100% sure of my notice period so I asked the new estate agents that I will be renting through and they advised me that it was just a month regardless of when the rent was due...I hope they didn’t miss inform me just to ‘get me quicker’

I will check the gov website too.

As for the deposit I thought as I will be leaving soon there’s no need to take the landlord to a small claims court...although I am worried about getting it back now.

specialsubject Wed 14-Feb-18 20:05:55

If tenancy has gone periodic then notice must end on rent day and be in writing. Not email etc .

Too late to avoid a deposit protection penalty, although I don't know the case law.

You should have been given how to rent and other docs. Bet you weren't.

LIZS Wed 14-Feb-18 20:08:18

Speak to Shelter re. Deposit and timings

probablynotthesame Wed 14-Feb-18 20:17:41

@specialsubject that’s interesting to know about it being to late.

No I wasn’t given any info like that. My landlord is a complete nightmare, they haven’t forwarded their mail so I get them turning up without notice in the evenings for their post....or sending me txts saying they’re outside can they let themselves in. I’ve been a bit 🤔 I’d prefer you didn’t! Utterly useless. This is why I’m moving to an estate agent managed property!

specialsubject Wed 14-Feb-18 20:45:12

That doesn't guarantee any better! Please please read how to rent now and get informed to stop you paying another crook.

The idea is that all tenants get given the document so they know their rights. Obvious logical flaw as slumlords don't do it.

Access is 24 hours notice minimum and only with your consent. Gas safe? Epc? Smoke alarms?

Non forwarded mail indicates tax dodger and probably no insurance or mortgage consent.

probablynotthesame Wed 14-Feb-18 21:08:40

I do think there is some tax dodging going on somewhere. It was suggested by my mum perhaps that’s why they didn’t put my deposit in a scheme as it’s another paper trail.

I really hope I don’t get this hassle from my next property. What’s more annoying is I used to own with my twat ex but now I’m on a part time income I can’t get a mortgage.

I’m going to read and digest the how to rent, thank you for that suggestion.

johnd2 Wed 14-Feb-18 22:20:48

Month's notice ends at the end of the rent period, notice can be in writing by email, text, on a sheet of paper. The important thing is the landlord has received it and its clear a unambiguous.
If you are on a fixed contact eg 6 months you obviously needn't give notice, but it's good practice to inform the landlord. If you stay even one day later then you're in to a periodic with the month notice.

specialsubject Thu 15-Feb-18 09:22:58

Notice is best given in writing with a free proof of posting. That means it is deemed served.

Kiddy comms such as texts are not reliable.

Sunnyshores Thu 15-Feb-18 09:44:38

You should have given notice to end on 19th. Rather worrying your new Agents dont know that.

That said, your ll seems to have broken more than a few rules, so Id just leave 12th as you said. If he gets awkward mention the deposit law.

The rent you would owe in this scenario is monthly rent x 12 = annual rent. Then / 365 = daily rent. Then 20th-12th = 21 days

I hate to suggest this as we have only your side of things, but is there a chance he may decide to keep your deposit? If so, Id consider not paying the 21 days and letting him deduct that from the deposit.

ajandjjmum Thu 15-Feb-18 10:07:37

Surely if he suggests keeping your deposit, you'll sue him for not putting it in a scheme which is a legal requirement.

probablynotthesame Thu 15-Feb-18 10:21:54

@Sunnyshores I think I have been ill informed by my the new letting agency. Everything I have Googled comes with the same as what pp have suggested (19th)

However as the landlord has broken quite a few rules already the major one being the deposit I think I’m going to leave the date of the 12th anyway!

I’m not sure how exactly to tackle the deposit, I had a txt a few months ago asking for the rent early (1 day) because they had a big payment and needed the money confused I did decline.

As you can imagine I can’t wait to get out of this situation.

probablynotthesame Thu 15-Feb-18 10:24:05

@ajandjjmum yes I looked into the suing process if the landlord keeps the deposit. If I’ve understood it correctly it seems I shouldn’t vacate the property until my money is returned??

ajandjjmum Thu 15-Feb-18 12:42:05

I'm not sure that's true probably, as it is impossible to assess the property whilst you're still living there.

However, I'm sure the penalty for not keeping the deposit in a scheme is something like 3 x the value of the deposit, so it really is in your landlord's interest to play fair with you.

NotDavidTennant Thu 15-Feb-18 12:47:20

If I’ve understood it correctly it seems I shouldn’t vacate the property until my money is returned??

No, that doesn't make sense, as the landlord doesn't have to return the deposit until after you've left the property.

probablynotthesame Thu 15-Feb-18 13:31:38

I guess if I go to court over it?? What a mess?

OlennasWimple Thu 15-Feb-18 13:41:50

Have you confirmed with your LL what the check out procedure will be? Ie you want someone else there once you have moved out to view the property with you to agree any damage to the property that could be taken from the deposit or what constitutes wear and tear.

LL can't return the deposit until you have moved out and returned the keys, as it's almost impossible to inspect properly with the tenant still living there

Sunnyshores Thu 15-Feb-18 15:43:05

When they talk about not having to leave the property - that means if your landlord has given you notice, or is tryng to evict you, he cant if the deposit isnt protected.

Until recently going to court to sue if your deposit wasnt protected within 7 days of the tenancy starting, meant you would get your deposit plus x3. Unfortunately some judges saw fit to allow lls to protect it even of the day of court, and escape the fine.

But if youve already left the property and this is 10+ days later (ie beyond the deposit rules for returning the deposit) then I dont see how the deposit can then be protected.

So, I d consider not paying those final 21 days of rent.

specialsubject Thu 15-Feb-18 15:44:16

The don't leave thing refers to an eviction - landlord ending the tenancy. Any court application gets thrown out if deposit not protected or various items of paperwork not given to tenant and proof obtained.

You are leaving anyway so not an issue. Sue afterwards.

specialsubject Thu 15-Feb-18 15:44:40

Cross post!

specialsubject Thu 15-Feb-18 15:45:50

BTW I'm appalled ( as a landlord) that retrospective protection means no fine. So what's the point of the legislation?

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