Not to pay my landlord?

[BeauMirchoff]

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!

Usually 1 month from rent due day. If LL is able to rent property after you move out but before your contract is up he must refund you that money. Illegal to take double rent.

Strumpers and Chikara. Generally speaking it is from the rent day. However, if the LL wants this, he should put it in the contract as the examples above (or use a proper contract which will have it in anyway). He hasn't, so four weeks is four weeks (not even a calendar month!).

Basically you don't have a legal tenancy agreement.

Who has hold of the deposit? If it is the landlord, that's illegal. Unless you've been renting since before April 2007.

The question is, do you need a reference to rent your new place? if not, tell him to go fuck himself.

Yes, I do need a reference. He IS a bit of a dodgy one my landlord so I need to play this right. Our deposit is in a deposit protection scheme but he only put it there a few months ago (we've lived here for three years!).
Thank you all for your replies so far!

You definitely need to speak to cab then op. Your deposit should have been protected years ago. I wouldn't bank on his returning the money and would do as the agreement he wrote stipulates: pay for 4 weeks from the date you gave notice not up to rent day.

Good the money is in a deposit scheme now so you will be protected. Yes this sounds very fishy. Have you got it in writing that he will refund you the extra days if you pay them upfront?

In any case, speak to the cab as I don't know what happens if there is no valid contract. As I said previously, I was informed by my letting agents a few years ago, the 4 weeks couldn't be enforced when tenants gave just 2 weeks notice to quit (basically their rent was 2 weeks late coming in and after chasing for it, the tenant finally gave 2 weeks notice).

I have pm'd you. You could have a lot of fun at his expense... once you have moved out!

Call Shelter or make an appointment with CAB

Much of the "advice" you have here and your own "understanding" of the contract is WRONG

It doesn't matter what day you give notice before the next rent payment date, notice starts from that rental payment date.

Your notice will run 10 Oct to 10 Nov. If you are leaving early the landlord may return you some money from that unused rent, but he's/she's not obliged to.

Make sure you check your inventory and leave the property in no worse condition than you have evidence of receiving it in.

Yes! Inventory, EPC, Right to Rent booklet, Smoke/CO alarms and that very late deposit protection...

ALL give you an opportunity to push back, if you choose to do so.

But Hissy is right, you give notice to coincide with a rental period - the day your rent is due - and your LL may choose to return any unused portion, but they don't have to. As they have already offered to they are being very fair!

But that may be because they know they have left themselves open to legal proceedings due to the late deposit protection. My pm included a good place to get advice and support that you can trust!