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Advice needed about end of tenancy

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03-01-2017, 16:12   #1
crookesjoe
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Hi all, just need a bit of advice before I challenge my landlord about the final payment at the end of my tenancy.

I moved into the property via a letting agent on 15th August 2014, and after a year signed a seperate private agreement with the landlord (which I cant find now) to extend the tenancy for another year to take me up until September 2016.

So now I am out of contract since September 2016.

I have given him a months notice just before the new year, so therefore notifying him I would be leaving at the end of January 2017 (1 months notice).

The landlord has said that I owe a full months rent for the final payment, however, as I moved in on the 15th of the month, and paid a month in advance, surely I only owe fro the 15th Jan until the end of Jan, instead of owing a full months payment.

Can anyone confirm this to me?

Thanks in advance
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03-01-2017, 16:15   #2
mafya
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Quote:
Originally Posted by crookesjoe View Post
Hi all, just need a bit of advice before I challenge my landlord about the final payment at the end of my tenancy.

I moved into the property via a letting agent on 15th August 2014, and after a year signed a seperate private agreement with the landlord (which I cant find now) to extend the tenancy for another year to take me up until September 2016.

So now I am out of contract since September 2016.

I have given him a months notice just before the new year, so therefore notifying him I would be leaving at the end of January 2017 (1 months notice).

The landlord has said that I owe a full months rent for the final payment, however, as I moved in on the 15th of the month, and paid a month in advance, surely I only owe fro the 15th Jan until the end of Jan, instead of owing a full months payment.

Can anyone confirm this to me?

Thanks in advance
Disregard my previous advice as I misread the post, if you gave him the months notice after the 15th December than that one month doesn't start till the 15th of January and finishes on the 14th of February..
I'm afraid you do owe a full months rent...

Last edited by mafya; 04-01-2017 at 16:09.
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03-01-2017, 16:15   #3
geared
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When you came 'out of contract' did you go onto a 1-month rolling contract type thing?
If so what does your original contract state?

(You might need to have a real good dig around and find that contract)
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03-01-2017, 17:18   #4
crookesjoe
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Quote:
Originally Posted by geared View Post
When you came 'out of contract' did you go onto a 1-month rolling contract type thing?
If so what does your original contract state?

(You might need to have a real good dig around and find that contract)
When we came out of contract nothing else was signed or discussed, we just continued to pay rent and nothing was mentioned about being out of contract.
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03-01-2017, 17:41   #5
GerryBooth
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A rolling contract is the original agreement on a 1 month roll over or two months on the landlords side.

You will need to give 1 months rental period notice so from the next 15th to the following 14th. So 14th of February. In effect 6 weeks notice, the full rent period from 15th Jan plus the time up to from giving notice late December up to the 15th January. Bit of bad luck if that is how your origanil agreement was worded.

Some landlords will want to stick to the agreement others may just take your 1 months notice from you giving it to them.
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04-01-2017, 14:28   #6
Hippogriff
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Originally Posted by mafya View Post
Correct, you only owe him from the 15th Jan till the end of Jan....
I disagree. Once "out of contract" the fundamental premise is that there is a SPT (rolling tenancy agreement) in place which runs from month-to-month. The dates each month being from the 15th to the 14th. The tenancy will end on the 14th of a month - it wouldn't ever end at the end of a month, unless by specific agreement with the Landlord.

How do you see it differently?

---------- Post added 04-01-2017 at 14:31 ----------

Quote:
Originally Posted by crookesjoe View Post
The landlord has said that I owe a full months rent for the final payment, however, as I moved in on the 15th of the month, and paid a month in advance, surely I only owe fro the 15th Jan until the end of Jan, instead of owing a full months payment.
You do owe a full month of rent... but you also have a full month of tenancy (even if you don't want, or need, it). Negotiate and compromise... always good.
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Cheers, Hippo
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04-01-2017, 16:10   #7
mafya
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Quote:
Originally Posted by Hippogriff View Post
I disagree. Once "out of contract" the fundamental premise is that there is a SPT (rolling tenancy agreement) in place which runs from month-to-month. The dates each month being from the 15th to the 14th. The tenancy will end on the 14th of a month - it wouldn't ever end at the end of a month, unless by specific agreement with the Landlord.

How do you see it differently?

---------- Post added 04-01-2017 at 14:31 ----------



You do owe a full month of rent... but you also have a full month of tenancy (even if you don't want, or need, it). Negotiate and compromise... always good.
My mistake I misread the post but have corrected it now...
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05-01-2017, 16:01   #8
Jeffrey Shaw
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Quote:
Originally Posted by Hippogriff View Post
I disagree. Once "out of contract" the fundamental premise is that there is a SPT (rolling tenancy agreement) in place which runs from month-to-month. The dates each month being from the 15th to the 14th. The tenancy will end on the 14th of a month - it wouldn't ever end at the end of a month, unless by specific agreement with the Landlord.
...or unless the written Assured Shorthold Tenancy Agreement says that it can.

But generally what you say is correct. The Statutory Periodic Tenancy arises by automatic operation of law. See the Housing Act 1988 here http://www.propertyhawk.co.uk/landlo...-as-amended.2/ and particularly s.5(3).
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Contact me on jss@netheredgelaw.co.uk
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