Page 2 | Rent advice

quandry101 · 2022-04-06T21:57:39+00:00

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?

bellabasset · 07/04/2022 10:18

I think as there is no loss of earnings for the LL It's extremely petty of them not to charge double rent. Hope you manage to sort it out.

@quandary101 Condolences on your loss

Notthedeadparrotsketch · 07/04/2022 11:04

Your daughters tenancy is her responsibility. She signed a contract and committed to pay rent up to a specific date. She has chosen to leave the property early, thereby breaking the terms of the contract she signed.

Her friend has signed a separate contract and is liable to pay rent for the duration of that contract.

The two contracts are entirely separate and have absolutely nothing to do with each other. The fact that your daughter knows the new Tennant is legally irrelevant.

The landlord may or may not be in breach of some piece of legislation relating to some tenancy act, but that again is a separate issue and not related to your daughter breaking the terms of the Co tract she signed.

Your daughter needs to suck it up and write off the weeks rent. She chose to leave early, breaking the contract she signed.

Original poster

quandry101 · 07/04/2022 11:35

Notthedeadparrotsketch

So the Landlord gets double rent for the 10 days? I think has there is zero loss for the landlord - not even any redecorating or needing to put anything right - and she sourced a new tenant for him to move in the day she leaves - they are doing an exchange of the keys with the landlord - I do feel that she is perfectly right to just pay up to the 8th

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Teeturtle · 07/04/2022 11:42

@quandry101

Notthedeadparrotsketch

So the Landlord gets double rent for the 10 days? I think has there is zero loss for the landlord - not even any redecorating or needing to put anything right - and she sourced a new tenant for him to move in the day she leaves - they are doing an exchange of the keys with the landlord - I do feel that she is perfectly right to just pay up to the 8th

Has she tried telling him that she has changed her mind and will be there until the 18th after all?

Original poster

quandry101 · 07/04/2022 11:46

No because her friend will have nowhere to go

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LauraNicolaides · 07/04/2022 16:13

@Notthedeadparrotsketch

Your daughters tenancy is her responsibility. She signed a contract and committed to pay rent up to a specific date. She has chosen to leave the property early, thereby breaking the terms of the contract she signed.

Her friend has signed a separate contract and is liable to pay rent for the duration of that contract.

The two contracts are entirely separate and have absolutely nothing to do with each other. The fact that your daughter knows the new Tennant is legally irrelevant.

The landlord may or may not be in breach of some piece of legislation relating to some tenancy act, but that again is a separate issue and not related to your daughter breaking the terms of the Co tract she signed.

Your daughter needs to suck it up and write off the weeks rent. She chose to leave early, breaking the contract she signed.

Creative, but wrong

Notthedeadparrotsketch · 08/04/2022 09:09

Laura

How am I wrong?

NoSquirrels · 08/04/2022 09:19

Unfortunately, she shouldn’t have got involved in finding the LL a new tenant as it’s muddied the waters. If he or the letting agency had found a new tenant they wouldn’t have been able to start the tenancy until 18th.

I suggest your DD tells the LL/letting agent she’ll be there until 18th if she’s paying rent until 18th. Then she can move out on 8th, let the new person move on and give her the difference in 10 days rent in cash, and go back up on 18th to ‘officially’ hand over the keys.

Or chalk it up to experience and not fight it.

LauraNicolaides · 08/04/2022 09:53

@Notthedeadparrotsketch

Laura

How am I wrong?

The two contracts are entirely separate and have absolutely nothing to do with each other. That bit is wrong.

Your daughter needs to suck it up and write off the weeks rent. She chose to leave early, breaking the contract she signed.
And that conclusion.

@quandry101's daughter has broken her contract. As a starting point she owes the landlord for rent to the end of her tenancy to compensate him for the loss caused by her breach. But he has a duty to mitigate his loss, in other words to minimise it. Because he has another tenant lined up to start paying from the day that @quandry101's daughter moves out he has in fact suffered no loss at all and therefore he cannot expect any compensation from her for the breach.

Original poster

quandry101 · 25/04/2022 19:43

Just a quick update, she only paid rent up to the day she moved out, and received her full deposit back. Landlord was sorry to see her go as she was a “very good tenant”

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