Rent advice

[Miki123]

Hi all, I privately rent at the moment and have just been offered a place through a housing association. Need some advice on what to do with my final months rent.

 

My rent here is paid on the 11th of each month. We've waited 7 months for the HA to deal with squatters and let us view the place. My LL has been made aware of this for months.

 

The HA calls me on the 15th of this month with an hours notice and asks if I can go an view. I wasn't too happy with the short notice but went. When I viewed the place they inform me that they want my tenancy to start on the 26th Nov (11 days time). I rushed home and emailed my LL and gave my 1 months notice although she didn't reply until the 16th.

 

No I explained that I would be gone from the property by the end of December but should be out by the 16th which she seemed fine with.

 

My question is? On the 11th of Dec how much rent do I pay?

Do I have to pay a full month even though ill be out 26 days before?

Or

Do I pay from the 11th to the 16th (also being 1 full calendar month from day of notice?

Or

My contracted rent date is the 22nd according to my contract but I paid the difference so I could pay on the 11th as that is pay day

[mariner51]

What date did T commence and what was fixed term 6 ,12 months or longer.

 

Rent for full month is payable on rent due date, even if you intend to leave in 10 days time. Any refund would be at discretion of LL.

During fixed term a T cannot give NTQ, only request early surrender, for which LL is entitled to compensation if granted.

It is possible your T is now SPT (monthy periodic), in which case it must be served by the day before next T period commences (usually rent due date) and can only expire 1 T period later ie day before following rent due date.

 

You remain liable for rent and property till proper NTQ expiry, which could be almost 2 months unless LL grants you an earlier release date in writing.

[Miki123]

Tenancy started 22nd July 2007 and has been on a SPT since 2010 and was an AST for 12 months. We renewed in 09 for another 12 months but have not renewed since.

 

So basically even if I move out on 16th Dec I have to pay rent until 10th Jan even if I surrender property early and give back keys by 16th Dec?

[mariner51]

Assuming T dates stayed the same, the current SPT would have commenced 22 July 2010 (correct?), with rent due monthly, so 21st of month would be last day of Tenancy period for service of NTQ. Rent paid dates do not always = end of T period. Based on this assumption being correct, you have until 4.30pm on 21st Nov to serve NTQ on LL. just post through the letterbox with a witness present to confirm service, or hand to LL directly.

You should then be able to vacate T & resps on 22 Dec. If you miss deadline, you will remain liable for rent & property until 21 Jan. The key date is the date last fixed term ended.

[Miki123]

I'm staring at my AST contract now and the tenancy termination date was 22nd April 2010.

 

Rent due date was originally 23rd of month but my payday changed with a new job so I paid difference to change rent date to the 11th.

 

First 3 lines of AST contract states:

Tenancy start date: 23rd June 2007

Current tenancy start date: 23rd October 2009

Tenancy terminates: 22nd April 2010

[raydetinu]

You must give LL one months notice to quit; therefore if monthly tenancy ends on the 22nd, then you have to give notice in the previous month by a clear day.

So if you want to leave on the 22nd Dec, then you should of made sure he received notice by the 21st Nov.

If you give notice now, you can leave or be liable for rent up the 22nd Jan.2013.

The fact that you pay rent on the 11th is irrelevant, however you will only have to pay the diff. for the 11th to 22nd pro rata.

[Miki123]

Ok great. Thank for your help. I put my notice in on the 16th of nov so I should be good to be out by Xmas.

[raydetinu]

way to go. therefor ends on 22nd Dec. hand keys back by then and dont forget to claim any deposit back of protection scheme straight away to get things moving.

hope it was in writind and hand or signed for delivery.

[Miki123]

We deal with landlord directly now so it was by email of which she replied to. So I'll take the reply as read and confirmed receipt.

[Miki123]

Just my damn luck. 3 weeks before we move out and one of the kitchen cabinets fall off of the wall

[mariner51]

Email or SMS is not an acceptable method as Service cannot guaranteed even if person reading sends an automated acknowledgemt before reading, the same applies to signed for delivery.

The Interpretation Act deems Notice to be served 2 working days after posting First Class, ideally with free Cert of Posting, but current Registered Mail can be returned if no-one is avail to sign for it.

[Miki123]

No she actually wrote a reply to the message saying thankyou for informing her and wishing us good luck in the new place.

 

I don't have her home address to post anything to her.