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?

OP - you are aware that this poor woman will most likely also be paying costs for moving - perhaps hiring a van/removal people. Maybe having to change furniture to fit a new property? And you’re moaning about 2 weeks rent when she has moved out within the period you have wanted her to AND is cleaning the property for you. She’s leaving her home on your request, at her own cost AND she’s doing it nicely. Christ - let it go.

But you don’t want answers like this though do you - you want someone to say ‘ooooh yes make sure you squeeze every last penny out of her’ - I’m so glad my landlord wasn’t like you.

When you get the keys back.

Glad she's found somewhere, not easy at the moment. She's been a good tenant, let it drop. She's renting and unlikely to be able to afford two rents!

It’s not correct as I thought and others have confirmed it runs from contract date not from when you give notice.

therefore unless you have given a proper section 21 notice you need to reissue it today otherwise you could be on the hook for a lot.

you cannot pick and choose which advise suits you

www.gov.uk/evicting-tenants/section-21-and-section-8-notices

take a read op - if you haven’t fulfilled all the criteria it could be costly. If you play lose and funny with it and you are not by the book that your tenant will have a very very easy time rinsing your bank account through the courts

If you charge her until the 4th / 11th March then the risk is that she won’t be able to afford to be paying double rent for a few weeks. (Hundreds of pounds as you said!)

So she may cancel her rental in the hope of trying to get another one that she can have a full month worth of notice before she moves in.

If it doesn’t work out then you won’t be able to move back on 16th April (and probably not 16th May or 16th June) and it will cost you a fortune.

I’d take the win and run!

She owes you up to the 20th, as that's when you have vacant possession.
So many arseholes saying "be thankful she's going quietly"!! What are you lot on?

When my landlord wanted to move back in he gave us six months notice as his gf was pregnant. We had until April to move out. Unfortunately lockdown came and we had to stay longer as there were no removal firms or anything to view. We moved in June in the end and paid on a week by week basis. My ll had the same issue but his ll made him sign a new six month contract which was very acrimonious. Be the better person.

You already gave her notice to be out by x date so she doesn't need to give you any notice.

Don't be greedy.

You served her the notice.

That notice requested she move out BY a certain date, not ON that certain date.

She does not need to give you counter notice of when she is leaving. She just has to let you know the date she is leaving within the period you served her.

She is cleaning on the 20th. Therefore she pays until the 20th. She pays up to the date you get your keys back.

If she had given you notice of leaving first - thats a different matter and she would owe up until the end of the notice period (which would be one month from the date the next payment would be due).

So to make it really basic for you:

If YOU served HER notice on 22nd Jan. This notice period actually starts on the 11th feb. As 2 months is in contract, she can leave ANYTIME between the 11th Feb and the 11th April. She pays up to the date she hands back the keys.

If SHE had served YOU notice FIRST on the 22nd Jan. Notice period starts on 11th Feb. She must pay rent up to 11th March.

The fact she told you on the 4th of the date she was moving out - this is NOT her giving you one months notice to leave - because you had already served HER notice. This was her simply letting you know that she will be vacating the property within the date range of the notice period YOU had given.

If you charge her up until the 4th (when she simply advised you of the move out date - the move out YOU had requested) or the 11th (a month after her rent was due) it would firstly be legally wrong and more importantly morally wrong. It would make you a pretty shitty human being.

🤣 I get she has to pay the costs of moving etc, but so do I!

You should post in legal rather than AIBU perhaps

I was actually responding to another poster however you absolutely are a hobby landlord if you don't understand your own contract (which you don't by your own claim), you come to an internet forum rather than taking legal advice on your own contract and you can't bridge a short gap after several years of reliable rent income.

Its hardly what anyone would call professional is it?

This is really helpful thank you.

Thanks all. IABU so she pays rent until she gives the keys back. 👍🏻

You mean opinions as long as they fit with yours 🙄

You gave her notice so she should pay until she cleans it and hands back the keys. She can still cause trouble, I'd be inclined to say if it's in good condition when you get it back you'll forget the last week too. sounds like she's been a decent tenant for a while so be grateful.

Definitely not a professional landlord. Bought the flat to live in and am moving back. Despite many unnecessarily rude comments this thread has actually been overall helpful.

I realised I misread your post- apologies

No I meant opinions based on sense and knowledge. Many of which I have helpful received.

I thought that once LL had given notice the tenant had up until that date to leave. So she could move out anytime within that notice period and just pay up to the day she leaves. Which would technically be the cleaning day.
This is what a former LL did when they ended a rolling tenancy.

You're right. Unfortunately the OP wishes that weren't true.

When I was the tenant in this situation I was charged rent until the day I handed the keys back.

It was all handled by a lettings agent. So I presume was the correct legal procedure.

She has to pay up to and including the day she returns to clean it.

👍🏻 thank you

If it’s part of the contract that the place must be left clean and tidy, and it is usually expected. Then she pays up until it’s left clean and tidy.
When tenants are given notice it’s difficult to find a place exactly to the date a landlord gives and not fare if they have to pay two rents just to suit the landlords date.
Youve given notice, she’s found somewhere new within that date, so she pays up until she’s fully out and prop left in good order.

Presumably you have her bond and can take missing rent out of that?

As others said, you gave notice for a date to move out BY, not ON.

Law doesn’t matter about clean and tidy it a not enforceable. All it has to be given back in is the same condition less fair use wear and tear.

so if they rented it and have evidence the kitchen was a greasy mess they can leave it a greasy mess on the way out.