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Help with letting agency notice period charges please

5 replies

likeamother · 20/12/2020 12:34

I wondered if anyone could please help. My nephew and his friend had a rolling contract on a house, following their original lease.

The landlord had put the house up for the sale so they naturally looked for alternative accommodation and were told by the agency the notice they needed to give was 4 weeks.

They did this on 3rd of November, taking them to 1st December, but were then informed by the letting agent that they were liable for rent until 25th Dec as there original contract stat date/move in date had been 25th.

They argued it to no avail and we couldn't find anything clear online about it, although it seems massively unfair. They've now moved out (on 1st) and the agent is insisting on another month's rent.

At worst, they thought they'd keep the deposit but the agency are saying they need to actually pay this money, meaning they'd have to pay a months rent before even getting their deposit back, which seems very risky and just dodgy all round.

Does anyone know where there might be clear guidance on this or, if it's wrong, if there's anything they can quote? They are pretty skint and at a loss as to what they can do.

Lastly, it doesn't state in the contract that the notice must run to 25th of any month.

Thank you.

OP posts:
Lineofconcepcion · 20/12/2020 20:55

The agent is correct, the notice given on 3rd November ends on the next rent day which is 25th December. The contract does not need to state this because it operates by law.

likeamother · 20/12/2020 21:53

@Lineofconcepcion - thanks for your reply. Would you happen to know anything around where they stand with the deposit? Whether they have to pay this before they can get their deposit. They are worried if they do they then won't get their deposit so would rather the agent kept the deposit instead (it's the same amount). Thank you Flowers

OP posts:
DianaT1969 · 20/12/2020 22:59

OP, this page on Shelter and the ones either side might help them. It suggests that if the landlord has let the property, since they gave the keys back, that they don't need to pay from the new tenancy start. I wonder if they can check if someone has moved in?
england.shelter.org.uk/housing_advice/private_renting/what_happens_if_you_dont_end_your_tenancy_legally

TVDFan · 21/12/2020 01:08

Is their deposit protected in a scheme?

Aprilx · 21/12/2020 06:26

[quote likeamother]@Lineofconcepcion - thanks for your reply. Would you happen to know anything around where they stand with the deposit? Whether they have to pay this before they can get their deposit. They are worried if they do they then won't get their deposit so would rather the agent kept the deposit instead (it's the same amount). Thank you Flowers[/quote]
The landlord may keep the deposit in lieu of unpaid rent. However this could leave the landlord out of pocket if the deposit was required to cover damages or cleaning.

Do they have a weekly or monthly tenancy, the four weeks notice rather than one months notice suggests weekly? In which case, they still need to terminate on the correct day of the week so could be liable for more rent than they expected, but maybe not as much as up to 25th.

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