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Staying extra days over rent tenancy agreement

12 replies

gnomeathome · 23/07/2018 09:20

We will be overstaying our tenancy by a few days to co-ordinate with moving into our new home. Landlord is aware of this and has asked for us to pay the extra days. I am agreeable about this, but should I request this amount be taken out of the deposit or should it be paid upfront?
(Note - Landlord is a money grabbing so and so, I am sure he will say it needs to be paid upfront, but just wanted to check legally what is the correct way).
Thanks

OP posts:
Ubicorn · 23/07/2018 09:22

Upfront probably. Your deposit should be in a secure scheme so your landlord would have to wait until the funds are released to get his rent. Get it in writing and take loads of photos when you leave the property if you think he will be underhand once you leave.

IsTheRainEverComingBack · 23/07/2018 09:23

Absolutely paid up front. Don’t confuse the situation with using the deposit which is held in a special tenancy deposit scheme until you’ve moved out, the state of the property has been assessed and an agreement has been reached on what money can be taken from the deposit for repairs.

gnomeathome · 23/07/2018 09:30

Yep, deposit is in a scheme. So if our tenancy started on the 28th July. Landlord gives us notice for 27 July, we move out on 1st August.
How many days exactly do we owe?
Do we owe him for the 28th, 29th, 30th, 31st & 1st? (So 5 days, or does the 1st count?)

OP posts:
IsTheRainEverComingBack · 23/07/2018 10:35

Are you renting through an estate agent or directly from the landlord? If there’s an estate agent they’ll work out the correct amount for you.

Mc180768 · 23/07/2018 10:41

You'd pay from 28th July to 31st July. So five days.

If you're paying calendar monthly, for example £500:

500x12÷52 will give your weekly amount.

Divide the weekly amount by 7 which will give your day rate. Pay that day rate x 5.

swingofthings · 23/07/2018 11:00

He isn't money grabbing if he is agreeing to you paying for the extra days you are remaining when legally even if you stay 1 day over he can charge you for the full month so be grateful.

19lottie82 · 23/07/2018 17:44

You’re lucky. Your money grabbing LL could legally insist you pay for the full month.

ChristmasTablecloth · 23/07/2018 17:52

Of course pay it up front.

The questions people ask!

Harrykanesrightsock · 23/07/2018 17:54

I’m sure any hotel would let you over stay your paid booking. How money grabbing If they charged you.

Candyflip · 23/07/2018 18:00

Surely you pay the full month? Your landlord doesn’t particularly sound money grabbing if they are willing to let you stay on longer but only charge pro rata. The deposit is not held by the LL.

gnomeathome · 23/07/2018 18:29

Thanks for the constructive answers. I am not suggesting he is money grabbing by asking for the extra days, I already said I was agreeable to that. I just wasn't sure how I pay them and exactly how many.

(Trust me when I say he is money grabbing! The last 12 yrs I've been renting from him have proved that - cutting corners, not doing repairs, no gas safety, 40% rent increase etc...seriously I think if the council saw the state of the building, it would be condemned. Anyway, that's another story and off my original post :).

OP posts:
swingofthings · 24/07/2018 06:38

If I were you, and indeed your LL is money grabbing as you say, I would get it in writing that he is agreeing to you only paying the extra days because as you've been informed (but not sure if you've taken it in), he could very claim you owe him a whole month and he would be legally right. That means that he could claim the difference from your deposit.

You could then shout 'but we had an verbal agreement', it would be worth nothing.

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