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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:

Report

PoppyPicklesPenguin · 07/10/2016 23:40

He is pulling a fast one I think.

PoppyPicklesPenguin · 07/10/2016 23:42

Super tired and hit post to soon.

If it is not a periodic tenancy and he is saying he will pay it back.

kittymamma · 07/10/2016 23:43

It has always been in my contracts too... When I give notice it has to be for rent day, when they give notice it is exactly two months, not finishing on rent day. mini-moan which imo is a little bit unfair.

kittymamma · 07/10/2016 23:46

If it is in your contract that it is just 4 weeks the say no. Actually, say "You know what, take it out of my deposit" and don't pay your last month's rent. It sounds very odd and I wouldn't trust it. Having recently had an ex-landlord try to pull a fast one on me I would be very wary. I'm also not over it... obviously

Whendoigetadayoff · 07/10/2016 23:48

As long as it's not fixed term then no don't pay. You have given notice so that's what you pay. Shelter can help england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement

19lottie82 · 07/10/2016 23:50

Your LL is right. Your months notice kicks in from the next rent date.

Vvlgari · 07/10/2016 23:51

It's a month's notice from your rent day. So you would have to pay for any additional days you stay after that.

If a tenant fails to pay the final month, the LL can deduct it from the deposit, even when it's held by a deposit scheme, but it's a pita. The LL has to essentially ask the tenant if they can do this and give them 14 days to reply. If they don't reply, the LL (as I understand it) can make an application for the money, then the tenant gets a further 14 days to reply.

I'm about to go down this road because my previously great tenants have fucked off without paying the final month's rent.

eightbluebirds · 08/10/2016 00:00

Whenever I've rented you give 1 months notice from the date rent is paid. I think YABU

eightbluebirds · 08/10/2016 00:02

I thought that was common sense tbh, shame for him it isn't in your agreement but I'd still pay it.

Bestthingever · 08/10/2016 00:09

If your contract says four weeks, then pay four weeks ffs. Why do you need to debate it online?

Shiningexample · 08/10/2016 00:16

yanbu
a month's notice means a months notice, he's taking the piss, you are only liable for the rent up to 4 weeks from the date you give your notice

the date that the rent is normally due is not relevant

BeauMirchoff · 08/10/2016 00:20

Bestthingever - no need to be rude!!!

OP posts:

Shiningexample · 08/10/2016 00:39

Why do you need to debate it online
but but but...
you're questioning the whole raison d'etre of mumsnet :o

BeauMirchoff · 08/10/2016 00:56

Exactly!

OP posts:

citychick · 08/10/2016 01:42

a month's notice from your rent day
YABU

Pemba · 08/10/2016 03:23

I'm pretty sure notice has to be given from a rental period, which usually coincides with the date when rent is paid. So if you are due to pay your rent on the 10th then you have to give notice on or before the 10th October, to leave on 9 November (you would have to pay up til then). Assume you originally started renting on the 10th day of a month? That's why giving 'one month's' notice can sometimes be almost 2 months, depending on timing.

This is in England and Wales though, I understand it's different in Scotland - (you might only have to give four weeks notice there).

thecatneuterer · 08/10/2016 03:40

This is from the standard National Landlords Association contract regarding tenants' notice period:

4.2.2 The Tenant giving written notice of at least four weeks and expiring on the last day of a rental period of the Tenancy.

So that is four weeks ending on when the rent is due - so 10 November in your case. Personally I don't enforce it, but it is in the standard contract so I'd be surprised if it wasn't in most contracts.

londonrach · 08/10/2016 04:17

If you give notice its notice from the day you pay rent. Do you pay rent on 10th or 1st. You cant give notice mid month and move out exacty month later has to run to end of when you normally pay rent. Talk to cab and check your contract.

marcopront · 08/10/2016 04:36

Maybe your landlord read the thread here where someone asked could she stay for two weeks after the date the landlord had given her notice. He is worried you m

marcopront · 08/10/2016 04:38

Sorry pressed post by mistake.

Maybe your landlord read the thread here where someone asked could she stay for two weeks after the date the landlord had given her notice. He is worried you might stay after the 1st November and so wants the extra money just in case.

ParForTheCourses · 08/10/2016 05:03

Check with cab. It sounds dodgy if he's agreeing to pay it back and I'd be suspicious.

My notice is as stated above: 4 weeks to rent payment.

If yours is just 4 weeks without the rent payment date stipulated then 4 weeks is all you need and if you are paying for a month (1st to 1st) then that's over 4 weeks anyway.

I wouldn't pay, I'd get advice and then either pay if you need to or if cab agree you don't then let your ll try to deduct from your deposit.

Mummyoflittledragon · 08/10/2016 05:17

Definitely get advice. I am a LL and I had tenants, who gave approximately 2 weeks notice once. I queried this with the letting agency and they told me to just let them go and get other tenants as I wouldn't get anywhere if I requested the 4 weeks as stipulated in the contract. I don't remember the wording on an AST but if it doesn't say 4 weeks from the rental date then you are perfectly within your rights. And as I say, this may not be enforceable.

I assume you are on a rolling/periodic contract. A little known thing is that tenants can choose to leave and give no notice as long as they are out the day the initial fixed term AST ends. This is according to my letting agent.

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greenfolder · 08/10/2016 08:17

I don't know the ins and outs.
However, plain common sense says do not let money leave your hands unless necessary! Keep it. What's he going to do? He's already agreed you don't owe it.

witsender · 08/10/2016 08:19

A month from when rent is due is what I always knew as a landlord and tenant. There's nothing to say that he can't/shouldn't be flexible though.

witsender · 08/10/2016 08:21

He could deduct from deposit surely?

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