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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:

katewhinesalot · 10/02/2020 23:51

She's doing you a favour and she wants a favour in return.
Annoying, but what happens if she loses this new tenant and then she reneges on letting you leave early?

Original poster

frankie001 · 10/02/2020 23:51

@sarah I’m happy to pay to the end of the month as long as I can stay in the property! Willing to leave on 31st March, so tenant can move in next day. I’m not going to be forced to leave on the 17th March without access to the property and still pay the rent!

OP posts:

Original poster

frankie001 · 10/02/2020 23:53

Would any of the people saying suck it up honestly be happy with paying rent for two weeks on a property and not be allowed into the property for those two weeks!

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SarahAndQuack · 11/02/2020 00:10

But the end of the month is within the break clause?

I think you can insist to your LL that you'll stay in the property until that date, of course. But, they could require you to continue paying the rent until the end of the break clause, unless they got another tenant in. So it doesn't seem to me it makes any odds?

Since you ask, I'm a long term tenant. I often feel LLs get a better deal than tenants. But I'm not very sure that's the case here.

Katzia · 11/02/2020 00:11

Can I clarify a few things?
So.. you approached LL and asked to leave tenancy early on 31 March. She agreed. Then LL said she had new tenant but wanted you to leave 17 March so she can get property ready, but still pay for those two weeks. Is that correct? If so, you don't owe any money after 17th as LL has now determined end of tenancy as that date. If she insists you pay, then you stay until the last day you pay for, is 31st. LL cannot now insist you pay until May as she has accepted the activation of the break clause and indeed has consequently acted upon it by finding a new tenant.

SarahAndQuack · 11/02/2020 00:13

To be clear: the LL absolutely can't bar you from the property you've paid rent for. You can stay there and be a pain as long as you like. But, they could retaliate by requiring you to keep paying through the rest of March and April.

Original poster

frankie001 · 11/02/2020 00:38

We haven’t actually agreed a leave date. It’s provisional the new tenant will move in April 1st but this is likely. I always knew I’d have to stay until new tenant was found, even if this meant staying till end of May, as this is when break clause is.

New tenant has been found, and I know I’m liable for rent until day she moves in. LL suggested 1st April as her move in date. So my last date should be 31st March, but as I saw she sent a text asking me to pay up until 31st March, but to vacate on the 17th. I have said that if I’m being asked to vacate on the 17th then this is the day I stop paying rent. As I say this is all provisional at the moment, but it seems likely that she will try to get rent out of me while asking me to have vacated the property even if new tenant doesn’t move in on 1st April.

OP posts:

SarahAndQuack · 11/02/2020 00:44

Well, how about you firm up the agreement by making clear when you're moving out?

The LL is probably really confused by now.

redastherose · 11/02/2020 00:47

You are right. If she is requesting that you leave on a date of her choosing then you are not liable for the rent from that day. She has accepted your exercising of the break clause and has been able to find a tenant to take over the tenancy a month earlier. That all fine, but she can't dictate that you pay rent but have to vacate at an earlier date. Presumably you were happy to leave at the expiration of the tenancy in accordance with the break clause so you leaving earlier to facilitate her new tenant is at her request. Therefore she is varying the terms of the agreement and that means you can negotiate what suits you not just her. If you are happy to leave on the 17th then your rent is only paid to that date, if she wants the rent paid until the 31st then you have a right to occupy the property.

LangSpartacusCleg · 11/02/2020 03:19

If you are paying rent for that period, you can stay. That is the legal position.

If you are paying rent until the 15th and a break clause penalty equal to two weeks rent, then that is different.

Thorilicious · 11/02/2020 08:22

Sounds like she doesn't want the property empty for any period, and wants you to pay. She's chosen the 17th March, it's not your problem that the new tenant won't be in till the end of the month...

RandomMess · 11/02/2020 08:50

After 6 years are you not on a monthly rolling contract?

Cherrysoup · 11/02/2020 08:53

If you are paying rent until the 15th and a break clause penalty equal to two weeks rent, then that is different

Is this a thing? I didn't think that was allowed. Break clause normally just allows the tenant (usually) to leave before the full 6 or 12 months is up on a renewed contract.

OP, if you are again renting, after the initial AST is up, ask for a rolling tenancy. That way, you only have to give a month's notice. Your landlord still has to give you 2 months should they want you to go.

Original poster

frankie001 · 11/02/2020 10:43

Not on a rolling contact. I just can’t believe it’s got nasty so quickly.

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cstaff · 11/02/2020 11:18

It sounds like she doesn't want to lose even a months rent. I would pay up until the 17th and be out of there or pay in full and stay until the 31st. Keep any texts or emails where she agreed to let you out early in case it becomes messy.

And the fact that you have been there 6 years - I wouldn't be paying her any cleaning fees especially as she will be giving the place a once over by the sounds of it. After 6 years she needs to expect a bit of wear and tear - not major damage.

SuperMeerkat · 11/02/2020 11:48

In the days when we rented, we’d given our notice as we’d bought. Let’s say our last day was the 20th, the LL asked if we’d go early given that we’d already completed. We asked if we’d get 3 weeks rent back and as soon as he said no, guess what...so did we!! 😂 We weren’t going to basically give him £600, bog off. Phew, just had to say that! In your case, if it’s mutual then maybe you can come to an agreement but not guaranteed.

Puzzledandpissedoff · 11/02/2020 12:24

She is stating that the flat in uninhabitable at the moment

I'd be more worried about this, TBH
Obviously there'll have been wear and tear over 6 years, but that doesn't equal "uninhabitable" so could it be she wants the 2 week gap to restore the place in?
It's impossible for anyone on MN to say if that's justified or not, but I just thought it might explain it?

Original poster

frankie001 · 11/02/2020 19:03

@Puzzledandpissedoff it isn’t dirty or anything! She just wants money I think! She is making assumptions that I will trash the place before I leave, but am going to clean before I leave. Will be getting the letting agents to inspect on last day, and I will take lots of photos.

OP posts:

LIZS · 11/02/2020 19:06

Yes you should pay to April 1st , when next tenant moves in, but in theory you do not have to move out or handover keys until then.

Puzzledandpissedoff · 11/02/2020 19:13

it isn’t dirty or anything! She just wants money I think!

But surely she won't be able to get any if the deposit's been protected in a scheme (and I believe you said it has)? She'd have to make a pretty good case to hold onto any since you'd obviously contest it, and if the place has been well looked after she won't stand a chance

I think you're wise to make sure there'll be plenty of photos and an agent's inspection, though ...

PlatoAteMySnozcumber · 11/02/2020 20:33

I think the order of negotiation is important. You want to leave a month before you can officially break so your landlord can so no. So either the landlord a) agreed to let you leave end of april and then decided they want you to pay until the end but leave mid April- in which case they can’t do that as they already agreed to vary the contract or b) they said you can get out of the contract early only if you pay until the end of April but leave in the middle of it- in which case you take the deal or continue to pay rent (and continue to reside in the property) until the end of May when you can break the contract.

PlatoAteMySnozcumber · 11/02/2020 20:34

Sorry I meant March instead of April and April instead of May... but you get the idea!

wowfudge · 12/02/2020 13:06

Contractually you are bound to pay rent for the whole term of the tenancy agreement. By releasing you from the contract early, the LL is doing you a favour. She is within her rights to request that you pay rent until the start date of a new tenancy with a new tenant.

If the LL is choosing to redecorate, etc between 17 March and 1 April but the place is perfectly serviceable/livable then you can try to negotiate that it is the LL's choice to postpone the start of the new tenancy and you shouldn't have to pay rent then. If you have moved out, don't forget to let the council know re: council tax.

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