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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Rent advice

35 replies

quandry101 · 06/04/2022 22:57

AIBU to think this is wrong.

DD rents a flat and is leaving on Friday (8th). Contract finishes on 18th April.

She has found another tenant (a friend) who will be taking over the tenancy on Friday - so no loss of revenue.

She has been told today - that despite the new tenant signing, paying deposit and rent for the period of 8th April to end of month - she still has to pay her rent to the 18th April - effectively giving the landlord double rent for 10 days?

She has had her end of tenancy inspection and there are no issues.

Is this right?

OP posts:
JackieWeaversLaptop · 06/04/2022 23:04

Hi OP, it doesn’t sound right to me but I wouldn’t be able to advise specifically on this.

Your DD should contact Justice for Tenants (www.justicefortenants.org/€ or Citizens Advice (or Shelter) for further advice - they’re all free and have been very helpful to me in the past in similar situations with rental properties.

Good luck.

JackieWeaversLaptop · 06/04/2022 23:05

PS - has the landlord told your DD when she can expect her deposit back?

hippyfarmer · 06/04/2022 23:06

So, if her contract ended 18th, the best she should go for is subtanancy for her departure to the 18th. Anything beyond that needs to be new tenancy agreement, right? Always withstanding if there are contractual elements which state what should happen.

It does seem odd the landlord isn't acknowledging the no loss of rent room 8th-18th. What have they responded when this is explicitly spelled out to them. Frankly, they may just need the reminder to review the documents.

Assuming that the new tenant cannot simply revert and pay your DD from 8th-18th and the landlord from 18th onwards? Can you broach that with landlord and new tenant?

Original poster
quandry101 · 06/04/2022 23:06

@JackieWeaversLaptop

PS - has the landlord told your DD when she can expect her deposit back?
They’ve said it will be returned at the end of her tenancy agreement - so the 18th.
OP posts:
Original poster
quandry101 · 06/04/2022 23:09

Hippyfarmer

They’ve said the new tenant has to start paying them from the 8th and my DD also has to pay for the period of 8th to 18th.

OP posts:
LauraNicolaides · 06/04/2022 23:17

Hmmm, so can your daughter live there until 18th?

I'm guessing they're hoping it's not enough money for her to be bothered fighting over. Has she paid the rent yet? If not I would deduct the ten-day period.

PottyMouthy · 06/04/2022 23:21

The landlord can't change 2 tenants for the same dates. Your daughter should only pay up to the new tenant moving in. I worked at a letting agents and if this happened the tenant that vacated would be refunded.

PottyMouthy · 06/04/2022 23:23

*charge not change

Original poster
quandry101 · 06/04/2022 23:23

After the 8th, the new tenant is moving in so she won’t be able to live there.

OP posts:
hippyfarmer · 06/04/2022 23:26

Agree with @PottyMouthy - landlord shouldn't be taking from 2 tenants for the same space for the same days. At the end of the day, your DD may need to just accept it. Doesn't sit well. But not sure if the amount to be refunded to DD covers any costs in trying to recoup. Is there EA involved or just private landlord?

Fizzorgin · 06/04/2022 23:26

What does her contract say ref notice period and when did she give her notice?

LauraNicolaides · 06/04/2022 23:29

@Fizzorgin

What does her contract say ref notice period and when did she give her notice?
This doesn't really matter. Even if she's in breach of contract the landlord is only entitled to recover from her the money which her breach has caused him. It hasn't cost him anything!
BuanoKubiamVej · 06/04/2022 23:35

If the friend who is taking over the tenancy agrees to help teach the bastard a lesson:

Existing tenant refuses to move out on 8th, as tenancy doesn't end till 18th and they have paid rent.

New tenant goes to live in a hotel for 10 days and sues the landlord for the cost of the hotel, meals out as no access to kitchen, and commercial storage of posessions, plus additional sum to compensate fully fir the trauma because merely covering expenses is insufficient.

Could be fun.

Margo34 · 06/04/2022 23:39

What's in DD tenenacy agreement wrt notice to end the contract?

Original poster
quandry101 · 06/04/2022 23:42

She gave six weeks notice that she wouldn’t be seeking to renew the contract

OP posts:
Original poster
quandry101 · 06/04/2022 23:43

This is the letting agency telling her she still needs to pay

OP posts:
caringcarer · 07/04/2022 00:10

If her contact states until 18th then she pays up to end of contract. That is what she signed up to. New tenant can't start new contract until 18th.

LauraNicolaides · 07/04/2022 00:43

@caringcarer

If her contact states until 18th then she pays up to end of contract. That is what she signed up to. New tenant can't start new contract until 18th.
She entitled to break her contract. The law does not oblige her to perform it.

The remedy is damages to compensate the landlord for his loss caused by her non-performance. On the facts given his loss is zero!

PottyMouthy · 07/04/2022 08:09

Tell the letting agent that you'll go to the property ombudsman as they will be taking rent from 2 tenants for the same period. It should make them back down.

hazelbeach · 07/04/2022 08:17

Unless the landlord has agreed that she can terminate her lease early on 8th (which will end your daughter’s obligation to pay rent from that date) the landlord does not have the ability to grant a new lease to the friend starting on the 8th. Landlord cannot have two leases to the same space running simultaneously.

Original poster
quandry101 · 07/04/2022 08:23

Thank you all. Will get written confirmation that the new lease starts on the 8th and then will have a further discussion with the letting agency.

OP posts:
girlmom21 · 07/04/2022 08:27

She didn't move in 10 days early did she - so still owes 10 days she didn't pay for at the start of the tenancy?

Original poster
quandry101 · 07/04/2022 08:53

No, we actually paid six months upfront when she moved in, then monthly for the last 12 months - she worked all through covid so didn’t take any breaks in rent either. She’s been a really good tenant and is only leaving as she’s moving back home to study - we lost my husband and her dad in November last year and she’s really feeling the distance.

OP posts:
NippyWoowoo · 07/04/2022 10:00

Bit late now, but I'd have had friend move in on the 10th and 'stayed' with me until the 18th. She would have begun paying rent on the 18th, and given me the difference in cash for the 8 days.

Original poster
quandry101 · 07/04/2022 10:03

It’s a very, very tiny flat - really not enough room for two and all their belongings unfortunately

OP posts: