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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

How much does my tenant owe me?

521 replies

Golaz · 10/02/2023 12:25

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?

OP posts:
Original poster
Golaz · 10/02/2023 12:37

ArmchairAnarchist2 · 10/02/2023 12:34

You're not after grown up replies, you're after posters to agree with you. Be grateful she is moving without trouble. If she was homeless as a result of your giving notice the advice would be to stay put until you went through the very expensive eviction process.

I’m really not. As I said, I’d like opinions on what the standard is. I want to be fair - to us both.
Sounds like I should have just given her two months, but I wanted to let her know earlier to make things easier for her!

OP posts:
thecatneuterer · 10/02/2023 12:38

@FourBoysAndAFeline have you missed the part that says the OP has given the tenant notice? If the tenant were just leaving because she wanted to, then I would agree with you, but this is a different situation.

LL here. OP, are you out of your mind? You've given her notice! Of course she doesn't have to give you notice too. You should be grateful she's leaving without a long, protracted court and bailiff involvement. At best she owes you a few days rent, but in your shoes, as she's being so reasonable, I'd let that go.

mewkins · 10/02/2023 12:39

Golaz · 10/02/2023 12:32

I’m moving in. But not until the end of the summer . I don’t want to have it all ways, i genuinely want to be fair (without screwing myself over- I’m not good at holding boundaries). So looking for advice on what’s normal/ considered fair.

Show quote history

I don't think yourself be screwing yourself over. I think you are doing something decent if you let her pay up until she leaves. It would be different if she just gave you notice but the fact that you served her notice changes things somewhat.

Stuffynosetime · 10/02/2023 12:39

Golaz · 10/02/2023 12:32

I’m moving in. But not until the end of the summer . I don’t want to have it all ways, i genuinely want to be fair (without screwing myself over- I’m not good at holding boundaries). So looking for advice on what’s normal/ considered fair.

Show quote history

do you have no sense of fair play? It reads like you want to screw her for money . Charge her till the 21st if you must. But Personally after being there years I’d give her the last week free.

thecatneuterer · 10/02/2023 12:39

Oh, and if a LL gives a tenant notice of say two months, that doesn't mean the tenant has to leave on exactly that date, it means they have to leave at any time up to that date, which is what she is very reasonably doing.

Whyareblokesonhere · 10/02/2023 12:39

Contractually you are probably correct but I would imagine that would be difficult to uphold in court surely, given you are the one that gave notice?

Fair, I would say is 18th but can understand the 20th?

Morally, if they've been a good tenant I personally think the 11th and yes some free stay. I get morals don't always pay essential bills though.

Original poster
Golaz · 10/02/2023 12:42

I get what people are saying about being nice, but honestly I can’t afford to give up several hundred pounds just to be nice (she’s not someone I have much of a personal relationship with, although she seems like a perfectly nice woman).

I guess my question is, if I told her she needs to leave by mid April does that negate the one month’s notice she has to give me under the rolling contract?

OP posts:
Stuffynosetime · 10/02/2023 12:43

Golaz · 10/02/2023 12:42

I get what people are saying about being nice, but honestly I can’t afford to give up several hundred pounds just to be nice (she’s not someone I have much of a personal relationship with, although she seems like a perfectly nice woman).

I guess my question is, if I told her she needs to leave by mid April does that negate the one month’s notice she has to give me under the rolling contract?

She doesn’t owe you hundreds of pounds. What’s wrong with you. Everyone is saying the same thing. We understand the question . Trying to ask it time and time again to see if you can get anyone to agree with you is ludicrous

LIZS · 10/02/2023 12:43

Legally until 11th March but equally you can only issue notice before a payment is due so your two months would take you to 11th April. Whether you think it worth splitting hairs if they have been good tenants and are leaving on good terms is up to you.

Original poster
Golaz · 10/02/2023 12:43

thecatneuterer · 10/02/2023 12:39

Oh, and if a LL gives a tenant notice of say two months, that doesn't mean the tenant has to leave on exactly that date, it means they have to leave at any time up to that date, which is what she is very reasonably doing.

So does that mean they just pay for the days they stay up until that point?

OP posts:
Hydie · 10/02/2023 12:43

You prob shouldn't be a landlord

Stuffynosetime · 10/02/2023 12:43

Golaz · 10/02/2023 12:43

So does that mean they just pay for the days they stay up until that point?

Show quote history

Blimey

Busybody2022 · 10/02/2023 12:44

She owes you until the 18th.

She could cost you far far more if you sour the situation over a few hundred. Be reasonable and sensible.

mewkins · 10/02/2023 12:44

Golaz · 10/02/2023 12:42

I get what people are saying about being nice, but honestly I can’t afford to give up several hundred pounds just to be nice (she’s not someone I have much of a personal relationship with, although she seems like a perfectly nice woman).

I guess my question is, if I told her she needs to leave by mid April does that negate the one month’s notice she has to give me under the rolling contract?

Would it have been wiser to wait a few months before serving notice so as not to lose out on so much rent? Is a lot of work needed on the house?

Original poster
Golaz · 10/02/2023 12:44

Stuffynosetime · 10/02/2023 12:43

She doesn’t owe you hundreds of pounds. What’s wrong with you. Everyone is saying the same thing. We understand the question . Trying to ask it time and time again to see if you can get anyone to agree with you is ludicrous

Show quote history

Actually several people were saying technically she owes me that under the contract but I should be grateful she’s leaving without a fuss and be nice.

OP posts:
Warrensrabbit · 10/02/2023 12:44

Legally you can push for her to pay until the 4th. Personally for two weeks rent I wouldn’t bother. She’s taken your notice, leaving quietly and coming back to clean she sounds like she’s behaving really well.

Original poster
Golaz · 10/02/2023 12:45

mewkins · 10/02/2023 12:44

Would it have been wiser to wait a few months before serving notice so as not to lose out on so much rent? Is a lot of work needed on the house?

Show quote history

Yes i wish I could have done that but there are other facts that meant it had to be 16th April.

OP posts:
Hydie · 10/02/2023 12:45

Why do you want money off her when the place is empty and you kicked her out? Make it make sense?

Stuffynosetime · 10/02/2023 12:45

Golaz · 10/02/2023 12:44

Actually several people were saying technically she owes me that under the contract but I should be grateful she’s leaving without a fuss and be nice.

Show quote history

Two. Two people said it.

Hydie · 10/02/2023 12:46

Be honest is this a reverse?

BreadwinneBaker · 10/02/2023 12:46

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.

Eh, she has a logic fail here surely...

She's not "moving out" on the 18th. If she's coming back days later to clean up the place and let herself back in.

Am I missing something?

19lottie82 · 10/02/2023 12:46

Contractually she owes you until the 11th of March (although she would retain the tenancy until this time). However if you wish to negotiate this is up to you.

Original poster
Golaz · 10/02/2023 12:46

LIZS · 10/02/2023 12:43

Legally until 11th March but equally you can only issue notice before a payment is due so your two months would take you to 11th April. Whether you think it worth splitting hairs if they have been good tenants and are leaving on good terms is up to you.

Thank you this is helpful

OP posts:
londonrach · 10/02/2023 12:46

You gave her notice so she doesn't have to give you notice. It's about of gray area but fair would-be to when you get key back. I'm grateful I had a nice ll before buying our house as he went on weekly even though we had a monthly rolling contact but he knew what we were doing and was a lovely man. Never meet him just dealt with estate agents. She very lucky to find someone else as it's hell out there on the rental market and she could have made life vvvv difficult for you and cost you alot of time and money to get her out. In this case talk to the tenant and come to an agreement between the two of you

MrNook · 10/02/2023 12:46

Golaz · 10/02/2023 12:42

I get what people are saying about being nice, but honestly I can’t afford to give up several hundred pounds just to be nice (she’s not someone I have much of a personal relationship with, although she seems like a perfectly nice woman).

I guess my question is, if I told her she needs to leave by mid April does that negate the one month’s notice she has to give me under the rolling contract?

She can give her one months notice and leave before your three months notice is up