How much does my tenant owe me?

[Golaz]

Hi all,

I’ve had a tenant in my flat on for a few years. She’s been on a rolling contract since the first six months. She normally pays rent on the 11th of the month for the month ahead.

I gave her notice on 22nd January, that I would need the flat back by 16th April. (Under a rolling contract I need to give 2 months notice, but I wanted to let her know earlier rather than later, to give her some time to sort something).

On the 4th February she informed me she had found somewhere and would be moving out probably around the middle of February. I followed up today and asked if she had a date. She told me yes- she’s moving out on the 18th and will return on the 20th to clean the place.

How much rent does she owe me? She’s already paid until the 11th. She seems to think she only needs to pay for an extra week until the 18th , but in the rolling contract she’s supposed to give me one months notice so I feel like she should pay until the 4th March.

AIBU?

Well why didn't you just say that? Although, in my experience, some solicitors don't actually know what they're doing and charge large sums for incompetent advice.

And in any case, why do you think a conveyancer would know about rental contracts?

OP. You seem to be going round in circles over this. You’ve already decided, on advice from LLs what to do, just accept now that she pays rent until the date the keys are handed back on 20th. This was what I advised too being an ex LL.

Stop tying yourself in knots over this. She’s been a good tenant. You’ve been a LL but your own circumstances have obviously changed which is why you now want the property back. You gave her notice and she was proactive and found a new place obviously sooner than you imagined. That’s just life and you will have to juggle your own finances accordingly. It was never really going to fit hand in glove with your exact timescale.

But look on the bright side. She’s not dragged her feet, she’s not reached the end of the notice period and saying she’s got nowhere to go. All those scenarios would presumably give you a greater headache.

You gave her notice and a time that she would need to vacate by. She doesn’t then within your own notice period need to issue her own months notice. Notice has been served by you. She’s leaving within this period but earlier than you actually want. But you really need to be realistic here. She’s been proactive, she’s leaving within the timeframe, she’s coming back to clean and releasing the property back to you.

People here are just frothing you up, as you are doing to yourself, unnecessarily. This is all fine and in order. It would be much worse if after April she hadn’t done anything and you wanted to move back in and she was still in place. Then you really would have a headache.

😂😂😂😂😂. Oh that's brilliant. Chuckle.

You gave her notice on the 22nd of January, and in doing so you overrode her obligation to you to give you any notice at all. I think your tennant only owes you rent until the day they give you back their keys.

My tenant of nine years has given me notice of just two weeks. His tenancy runs from the 22nd. He's disabled and though I have been wanting the house back (he's unaware of this - I had just agreed to a new year long renewal and was getting the papers ready to send to him) because of his situation I thought he'd have great difficulty finding another place and there's over a decade wait for council housing and feared he would not go easily.
He apologised for giving just two weeks notice. Frankly I'm delighted and the two weeks loss is a small price to pay for getting my house back!

I think you gave her notice, then she has no need to give you notice or indeed even tell you she's leaving. I think so long as the place is empty and you have the keys then she doesn't have to say anything at all to you. All she has to do is go.

So she's being a nice tenant and is letting you know she's going before the final date.

At mist I'd take rent for her final days. I think you're being a bit grabby.

Thank you. Yes I’m glad she’s leaving without any difficulty, and we have agreed rent until she leaves.

It does seem legally that tenant is still required to give month’s notice, but that it isn’t the norm/ convention to enforce that, and therefore I WBU.

Good result for all, glad its sorted.

This is why no one likes landlords. They seem to just be all about the money.

You gave her notice and are turfing her out of her home, she's found somewhere new and is actually leaving the flat in a decent condition and wants to clean it and you want to charge her for this?

So basically she's found somewhere quicker than you expected her to, before the end of the two months notice you gave her? You don't need the flat to live in for yourself until the end of the summer, so now it's going to sit empty and not generate any rent to cover the mortgage.

Are you going to struggle to cover the mortgage? Or are you just being picky? I mean, you're quibbling over 2 weeks rent, even though it was you that gave her notice.

She owes you up until the day she hands the keys back no more no less

Technically yes she should pay til 4th but having a nightmare tenant in before, cost us over 2k in putting everything right I would leave it as it is. She could pay up without fuss and leave property in good condition, pay up and leave it in a horrendous condition or not pay, not pay and leave it in awful condition or leave it as it is and leave you chasing money for years. Those are the options and I know which I would prefer. You are entitled to it as per contract. I would say the month in advance you would of charged is the month at the end and leave it as it is.

She doesn't need to give you notice, you gave her notice!
But she does need to pay rent up until the date when she vacates and hands the flat over to you, so 20th.
However, she is going earlier than you asked her to, with no fuss, and it is better for her to go on good terms on good terms having cleaned the place properly, rather than resentfully on 18th, possibly without cleaning, for the sake of 2 days rent.

20th ; the day she hands the keys back. As you had already given her notice to leave, that doesn't mean they leave on that date, you are basically telling her she needs to be out within this period of time. It's no concern to the tenant why you need the property back; selling / you moving in / someone else moving in / can't afford it.

She's actually been extremely proactive in finding a new property and getting in there quickly when it's so hard; I expect it would be a very different thread if she hadn't found a property on time and you wanted her out.

Your not unreasonable, however this is why tenants pay 1-2 months rent + deposit when moving in, to cover these costs. Has she done that?

as a landlady myself, I’d be grateful to that she’s leaving and even more grateful she’s coming back to clean. I’d only expect her to pay until the 20th feb

You’ve given her notice - so she doesn’t then need to give you notice. By agreeing to the 18th your not being kind - just legal. As far as keys on the 20th go I’m sure she will do her cleaning by the 18th rather than pay an extra 2 days.
She’s being fair - you need to be too. Former letting agent

Are you serious? You gave her notice, so you ended the agreement. The only thing she has to do is to leave by the date agreed on. I'm in Belgium, and here if the owner gives notice there is no need at all for the renter to give notice too! She pays up untill the last day, be gratefull for a lodger who doesn't makes a scene about you ending the contract.

Charge her to the day the keys are handed back. That's fair and reasonable.

Do yearly rate divided by 365 X number of days stayed.

I was never allowed to leave partway through a month. So she owes you that months rent. Or at least until she has finally left - so either the 18th or after that if she returns to clean and hand over keys.

All these people telling you to ignore the contract because she went without a fuss is ridiculous. You gave her the appropriate notice, she did not.

And I am coming from the perspective of a long term renter, not a landlord or anyone who ever has interest in being a landlord.

You served her notice, and she has found a new place. Why make an amicable situation bad by fussing over a few days rent.
If you keep her happy she will more than likely leave the place clean and tidy if you chase every last penny then you'll just sour the relationship.
I can't quite believe you're being so tight!

Maybe technically you could get money for longer but morally let it go. You asked her to move out. Timings are difficult. Just be thankful she’s moved out without any problems.

Don’t be a greedy arse.

Must be a reverse. Pay until the 20th.l but watch the landlord doesn’t start eyeing up your deposit

And I say that as a LL myself.