Aibu to not pay rent on an empty home

[Lanabanana678]

Hey guys - so further to my previous thread.

The landlord let me end my tenancy early on the understanding I pay rent until the next tenants move in and also that I pay 2/3rds of the re advertising cost with the original estate agents. Fine.

So the EA’s told me the new people would be moving in on the 20th (today) so I had everything moved our days prior to this and I dropped the keys into the EA last night just before closing and confirmed with the young boy who’d been dealing with me that I was giving the keys back for the new people to move in tomorrow (today).

I text the landlord to say that I’ve done that and he said he has no knowledge of anyone moving in today. I ring the EA’s and they said that it’s now the 23rd that the new people are moving in on and I’m liable for the extra few days rent. Apparently this is because the property needs to air out for a few days due to Covid. ( I haven’t had covid and also the house has been empty for weeks anyway). They said it wasn’t their responsibility to tell me as the LL is their client not me ( even though I’m the one paying the majority of their fee).

Aibu to not want to pay rent on a property I now no longer even have keys for??

Thanks

You probably still have a good deal, having been allowed to break out of the contract?

I would not quibble over this as a LL, bit penny pinching, but I guess they were doing you a favour, so the extra cost is yours

The charge is to cover the cost of finding a new tenant because OP is vacating early. It is common practice for tenants to cover fees if the LL lets them out of the tenancy early.

But sounds like OP is paying the full month's rent anyway, so there is no benefit? OP, was there just one remaining month on your tenancy that you wanted to leave early?

If you've nothing in writing, don't argue with anything that allows you to pay less than you would if you'd paid up to the end of your contract. Because with nothing in writing, they've every right legally to charge you up until then.

It seems a bit mean that you are paying for the “airing out” period since that seems to me to be designed as a gap between tenancies therefore the landlords responsibility rather than either of the tenants. It’s unfortunate that you don’t have anything in writing and only have a verbal agreement that both parties are interpreting differently. I think I would offer to pay three days council tax but not the rent. They might go for it.

The LL should not have to pay extra charges out of rent received because the tenant is vacating early. If she was staying, there would be no charges. It's not fair the the LL should be out of pocket.

@mycatlovesmenotyou it's just a bit confusing as OP says she's not saved money from vacating early.

Just searched for original thread and OP had a tenancy from Sep-Feb, so she is saving the rent that she had to pay up to February, because they can hold her to that, however they are allowing her to leave early, therefore she has to pay the fees to cover finding a new tenant. The LL would have had to pay them in February at the earliest if OP moved on, or much later if OP had stayed for a while.

I presume that OP means that she is not saving much on this month, but she is saving up to February

Because the 350 is readvertisinh costs as I’m ending the tenancy 4 months early

Yes exactly that :) @mycat

My problem here isn’t with the LL at all. He’s been lovely, my problem is with the Estate agents telling me the 20th on two occasions, then on the 20th telling me the 23rd once I’d already dropped keys in and telling me I can’t go back into the property as they’re airing it out for Covid. The problem is I’m annoyed at paying an additional 3 days rent to air a property out?? X

YABU, you wanted to end your tenancy agreement early and the landlord has done you a favour. You need to make sure that anything like this is put in writing so you don't have this kind of problem in future.

The council tax is a separate issue which you need to take up with the council. Some do discounts for properties which you are not sleeping at but it does depend on if you could sleep there or not - so when you still had a key and beds in the property you would have had to pay but they may say you don't have to pay now that you don't have a key. Are you still legally a tenant even though you don't have a key?

I don't think it is fair actually , really thinking about it, because say you left and it was the end of your 6 month tenancy. You would owe up to the date of the anniversary, assuming you moved out the same day. If they then have to leave it empty for 3 days, then that is just hard luck on them and they can't charge either outgoing or incoming tenant for those days...

so to apply the same logic now, your tenancy ended on 20th, you handed the keys in, and should not owe rent past that point.

Rent is paid in advance, so did you pay up to 20th or up to normal date?

If only up to 20th, then you withhold it, they could ask to take it from the deposit, but they have to get your permission to do that and if you refuse then you can dispute it and it will be decided by the company that the deposit is registered with.

@Lanabanana678

My problem here isn’t with the LL at all. He’s been lovely, my problem is with the Estate agents telling me the 20th on two occasions, then on the 20th telling me the 23rd once I’d already dropped keys in and telling me I can’t go back into the property as they’re airing it out for Covid. The problem is I’m annoyed at paying an additional 3 days rent to air a property out?? X

But the agreement was to pay rent up until the new tenancy starts.

It is rubbish that it's an extra 3 days that you didn't anticipate. But if the EA didn't put anything in writing to you, then you have no proof of the next tenancy starting on 20th, not 23rd.

Perhaps the new tenants asked for this assurance?

Your agreement wasn't - I have access to the property up until the new tenancy starts. Your agreement was just to pay rent up until the new tenancy starts.

It is annoying, you are not unreasonable to be annoyed. But it also is what it is. You could not pay it, but that's up to you. I don't think they're wrong to ask for these 3 days despite you having handed the keys in.

@mycatlovesmenotyou I paid it up to December annoyingly! So they’ve already got the rent for the extra days x

I'm a LL

The LL should take the hit on the gap. If you had left at the end of the tenancy - and that happened to be this week, then the LL couldn't let new tenants move in until the gap had happened. You have paid the fee to end the tenancy early - the gap is a red herring, not your responsibility IMO.

I think you owe the rent. If you look on the federation/association of landlords/estate agent websites, it probably does say that a property should be left empty for a gap between tenants. Plus they may have to space out cleaners and the inventory clerk going in to do your end of tenancy inspection and if any cleaning or maintenance is scheduled before move in, the clerk will go back for their inventory inspection. The landlord has been fair. They should have told you about the Covid gap, but probably didn't realise 3 days if rent pro rata would be an issue considering you have been released from the agreement early.

I’m a ll. In their position I would let you off this void period. But you cannot force them to unless you have it in writing that your obligation expired on 19th. As for council tax, you only pay until the day of returning the keys. The ll legally is responsible for the void period as you no longer live at that address. I’ve had tenants pay until the end of their notice period but then have left a week, 10 days early, return the keys and stop paying council tax. Totally normal.

Sorry OP I think you do have to pay unfortunately

@dontdisturbmenow

The agreement to allow you to end your lease early was on the basis that it would be at no cost to the LL. So ultimately, you have to pay until the new tenants start paying.

It's still a better deal than having to pay until the end if your tenancy which legally they could have enforced.

This is the problem with MN. So many people dishing out bad advice.

This poster has summed it up neatly. This is exactly how it is; if you end a tenancy early, the LL can recoup these costs so they are not out of pocket. That's the whole point of the fixed term.

Young boy?

They allowed you to end the tenancy early and you don’t have anything in writing to say it was until the 20th. I don’t think you can do much about it.

I think if the agency told you the 20th, you shouldn't have to pay beyond then but if you have nothing in writing there's really nothing you can do. If you are ever in a similar situation you need a paper trail. At least you are getting out of the contract early and that's not always possible for people to accommodate. I think you need to pay and chalk this one up to experience.