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Original poster

An I liable for this rent?

48 replies

frankie001 · 10/02/2020 22:34

Am moving out of my rented flat early, before break clause by mutual agreement between myself and landlord. I’ve been asked to leave mid month but still pay the rent till end of month, so effectively she is getting 2 weeks rent for nowt. Think she may get decorators in to spruce up the place in time that I’m not there. I’ve offered to pay for a deep clean of the flat, which will come out of deposit.

OP posts:

AnyFucker · 10/02/2020 22:35

Yes

Pipandmum · 10/02/2020 22:37

If by mutual agreement and you've been asked to leave mid month I can't see how you are expected to pay the full month. If you pay you are entitled to stay.

AnyFucker · 10/02/2020 22:37

Hang on. Is this in the 1st 4 month break clause ?

And you can't have mutually agreed if your dates differ

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Cherrysoup · 10/02/2020 22:37

Before the break clause? I think you’re liable (pretty sure) until the end of the month.

Why have you offered to do a deep clean? You can’t take that out of the deposit, the Deposit scheme decides what you get back, you can’t just use it for what you want.

Cherrysoup · 10/02/2020 22:38

And yeah, you can stay, sod the landlord (I’m one myself!) she may not kick you out in order to re-decorate, the silly moo.

ClubfootMaestro · 10/02/2020 22:39

If you’re paying rent then the tenancy hasn’t ended and you’re entitled to occupy. If you’re paying till the end of the month, you can stay till the end of the month.

If the tenancy has ended at the middle of the month by mutual agreement, you’re not liable for the remaining 2 weeks.

This is a bit confusing - have you asked to leave early and the landlord has suggested this as a compromise rather than making you stay?

Original poster

frankie001 · 10/02/2020 22:45

I’ve asked to leave before the break clause which would be earliest end of May. The landlady has a new tenant who will probably be able to move in on the 1st April. Landlady wants me to move out on the 17th March but pay till the end of the month. She is stating that the flat in uninhabitable at the moment, but it really isn’t. As good will I’ve offered to pay for the deep clean to appease her but we are going round in circles via text at the moment.

OP posts:

Original poster

frankie001 · 10/02/2020 22:48

I’ve been here 6 years.

OP posts:

TrainspottingWelsh · 10/02/2020 22:48

She can't ask you to leave mid month and still be liable for rent to the end. I suppose it's possible that if you've caused damage which will cost the equivalent of two weeks rent to put right you could mutually agree to do it that way, rather than her billing you separately for that amount, but it still wouldn't be correct to call it rent liability.

audiblegroan · 10/02/2020 22:51

I'd make it very clear that if you're paying until the end of the month then you will stay until then.

wowfudge · 10/02/2020 22:57

Is your deposit properly protected in one of the schemes?

Original poster

frankie001 · 10/02/2020 23:02

Yes it is in a deposit scheme. She’s doing me a favour by letting me leave early from tenancy, but she’s shot herself in the foot as she’s made a song and dance about how rent has been below market value. I’ve said that it’s in her benefit to get someone in who will pay what she thinks it’s worth. I really hate confrontation, and am not good at it. Close to saying fuck it, but I’m not going to.

OP posts:

FoxRedBitch · 10/02/2020 23:04

Legally she can make you pay until the end of May. She is letting you off by getting someone else to move in from April.

You should pay until end of March.

And if you agree the deep clean comes out of the deposit the deposit protection company have no say.

Majorcollywobble · 10/02/2020 23:11

If you’ve lived there six years she would be expected to give the flat a spruce up at her own expense . Has she carried out any improvements over that time ? Or replaced any carpets etc ? Unless you’ve had a menagerie in there I can’t see why you should have to pay for a deep clean . Or pay for two weeks whilst you won’t be in residence .

SarahAndQuack · 10/02/2020 23:16

Yes, of course you're liable if you're still within the terms of the contract!

You can't just say 'I wish to leave on x convenient date, and you may not ask for further rent'.

I doubt your LL has 'agreed' anything more than saying sure, you can leave whenever you like during your tenancy.

If you really want to get your money's worth, by all means stay until 11.59pm on the last day of the tenancy. They can't stop you.

Original poster

frankie001 · 10/02/2020 23:23

@sarah. I haven’t stated any date I wish to leave, I’ve been working with landlady to find a date that suits her and new tenant. She is the one asking me to pay a full months rent but leave 2 weeks in. That’s what I’m saying no to. If I pay the month I should stay the whole month, otherwise would stop paying on day she’s asked me to move out.

OP posts:

SarahAndQuack · 10/02/2020 23:28

But why not just move out on the date in the contract? It'll be a full month.

If your LL is varying the terms of the contract and asking you to pay for two weeks beyond the break date, then obviously, they are being absurd.

But from what you say, it sounds as if you want to move out mid-month? If your rental contract runs from the beginning of the month, you can't just ask to move out on the 17th without expecting to pay (though a nice LL might feel able to let you off).

If I've misunderstood, sorry! But I'm struggling to follow what the situation is, as my understanding is that if you move out before the break clause, you are liable for the rent.

Original poster

frankie001 · 10/02/2020 23:34

@SarahAndQuack she wants me to move out on the 17th! New tenant should be in on April 1st but landlady wants me to pay for whole month, but leave on the 17th, this is what I’m saying no to. If I pays, I stays! Otherwise I shouldn’t be liable for those last two weeks, as it’s her request I leave.

OP posts:

SarahAndQuack · 10/02/2020 23:35

Yes, I understood that.

Why not move out on 1st March?

ifyoulikepinacolada · 10/02/2020 23:38

No - either you should pay the 17 days and move out then, or the full month but stay till the end of the month! Your LL (and some pps) are being ridiculous

Original poster

frankie001 · 10/02/2020 23:39

Because this is still before break clause, and I think she would want me to pay the rent anyway until new tenant comes in, I can’t pay rent in two properties so have to pay here until new lady moves in, which is fair.

OP posts:

Original poster

frankie001 · 10/02/2020 23:43

@Majorcollywobblen sorry missed your question! No improvements apart from changing the fuse box from a fuse wire one to a standard one. Electric kept cutting out so faffing about with fuse wire was a pain in the dark. She wants it showroom ready, which is not realistic after 6 years, plus I haven’t tackled the big clean yet as been packing and storing stuff!

OP posts:

SarahAndQuack · 10/02/2020 23:45

Um ... yes, but that's what a break clause is!

If you want to move out on a date that suits you, you have to accept you need to continue paying the rent you've agreed to pay.

It would be lovely if your LL happened to find another tenant who was prepared to move in the exact day after you, with no maintenance needing doing for the property - but it's quite unlikely.

Given that, the LL has a perfect right to insist you keep paying up to the due date. If you want to move out earlier, that is your problem, surely?

FoxRedBitch · 10/02/2020 23:45

Did you sign a new 12 month contract every year? Or is it rolling from the first year?

SarahAndQuack · 10/02/2020 23:47

No - either you should pay the 17 days and move out then, or the full month but stay till the end of the month! Your LL (and some pps) are being ridiculous

No, because she's still within the break clause.

You wouldn't pay for a holiday cottage for two weeks, then decide actually, you fancied ending the holiday after 10 days so you'd demand the money back for the rest.

I think it is the same for a break clause, isn't it?

I don't think it is ethical that a tenant who's stayed 6 years in a property should be required to keep renewing their tenancy to keep a break clause in force, mind.

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