We gave notice around 8th Oct to leave on 15th Nov; on 12th Oct got keys to new house (hundreds of miles away), moved out straight away. Slowly been emptying the old house (5-10 hour round trips + packing, loading, unloading), due back one final time next week but the OH has now been very sick for four days and I just can't risk it. He was sick in September with similar symptoms and it lasted almost a month. Slightly different symptoms this time and other complaints also in the mix but he's basically been ill on and off since the day we picked up keys to the new place and done half a dozen journeys in amongst really struggling with copious amounts of pain. Oh - and I have M.E., so I've been fully loading, unloading and setting up home and shifting it all around on my own because he's been incapacitated. With M.E. Ha. Much fun. Anyway, the new symptoms aren't just pain. They're the sort that could cause him to black out at the wheel. And I don't drive. And I'm not physically capable of doing that journey on public transport. And there are no nearby friends to pack stuff up and send a man in a van. It's only one more van load - it's pretty frustrating.
I'm almost certainly going to end up taking this former landlord to court at some point in the future so I need whatever we do regarding rent to absolutely on the straight and narrow. Rent needs to be paid in advance, it's usually paid on the 15th. So, if we can't clear out by Friday, is the legally correct thing to do to pay an entire month's rent, and advise the keys will be handed back 15th Dec?
I assume if I do that and we clear out in a fortnight, that's just our tough luck - we're not entitled to any of it back?
The house is not habitable for various reasons but that doesn't really matter, that's a whole other story. What matters most is that I keep my nose absolutely clean, even if I can't live in her house and I've been paying double rent and utilities for almost 5 weeks and have to keep on doing it. No doubt a court would say 'but rent was due for a month, not a fortnight, so you broke the terms of the lease' - right?
Of course, I'd prefer to pay her a week or a fortnight at a time, but I'd rather pay too much and suck it up and know she doesn't have a single thing on me legally than do the wrong thing (pay a week/fortnight at a time) and risk a court case failing.
Google is NOT my friend on this. Please advise if you have direct experience of this or know what the legal precedents are, thank you.